Saturday, February 24, 2018
Editorials

Editorial: End confusion on juvenile sentencing

By reinstating the original sentence of life in prison without parole for Nicholas Lindsey on Friday, a Pinellas-Pasco Circuit Court judge entered muddy legal waters. Lindsey and other juveniles convicted of murder continue to be sentenced under a state statute that is now unconstitutional as applied to them. There is no clear road map for judges, because the Florida Legislature has failed to bring state law into conformance with a U.S. Supreme Court ruling. Lindsey's reconsidered sentence for shooting and killing a St. Petersburg police officer will likely be challenged, wasting resources and prolonging the pain for the victim's family. Had the Legislature acted responsibly, the courts would not be operating in the dark and creating law as they go.

State courts are puzzling through what to do with juveniles who were convicted of first-degree murder and sentenced under state law that provides for a death sentence or life in prison without the possibility of parole. Minors cannot be sentenced to death because of a 2005 U.S. Supreme Court ruling. Last year, the court ruled that a life sentence without parole cannot be mandatory for juvenile offenders — people who committed their crime before reaching 18 years old. The court said that in light of a young person's lack of maturity and capacity to change as he grows up, courts must be permitted to take these circumstances into account in sentencing. Florida law gives judges no discretion to impose a lesser sentence.

Lindsey received a life sentence without parole for killing St. Petersburg police Officer David Crawford in 2011 by shooting him five times after the officer stopped to question him about a burglary. At the time Lindsey was 16 years old. In imposing the same sentence again, Circuit Judge Thane B. Covert wrote that the "deliberate, senseless, and callous nature" of the murder outweighs any youthful considerations. It isn't clear whether this is enough to satisfy the Supreme Court's requirements.

Other circuit court judges have ruled inconsistently. A judge in Hillsborough County recently resentenced Amer Ejak, now 20 years old, to life without parole for clubbing and strangling a man in 2009 — the same sentence Ejak originally received. But compare that to a teen murderer in Pasco County who was sentenced last month to life in prison with the possibility of parole after 25 years, even though state law makes no provision for it.

An August ruling by the 5th District Court of Appeal in Daytona Beach said that the only legal sentence for juveniles guilty of capital murder is life with the possibility of parole after 25 years, but that decision is only controlling precedent for part of the state.

The Florida Legislature surely knew that by not rewriting state law to reflect the U.S. Supreme Court ruling and giving judges the opportunity to impose lesser sentences it would cause confusion and result in disparate treatment of juvenile offenders across the state. Lawmakers shifted their responsibility to the courts. The Florida Supreme Court will have to bring clarity to the law. In the meantime, trial courts faced with resentencing some of Florida's more than 200 inmates who were convicted and sentenced on murder charges should follow the U.S. Supreme Court's ruling as best they can.

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Editorial: Improve school security plans with gun controls

Editorial: Improve school security plans with gun controls

Gov. Rick Scott and key members of the Florida Legislature offered ambitious proposals Friday that would plug some holes in the state’s safety net, strengthen school security and spend up to a half-billion dollars in response to last week’s massacre ...
Published: 02/23/18
Editorial: Six proposals for reasonable gun control

Editorial: Six proposals for reasonable gun control

Enough is enough. The mass shooting at Marjory Stoneman Douglas High School has renewed conversations about gun control in Washington and Tallahassee. Young people are demanding action, and there are cracks in the National Rifle Association’s solid w...
Published: 02/23/18
Editorial: The time to act on guns is now

Editorial: The time to act on guns is now

The nation’s conversation on guns took an encouraging step this week in three essential places — South Florida, Tallahassee and Washington — as survivors, victims’ families and elected leaders searched painfully and sincerely for common ground after ...
Published: 02/22/18

Editorial: FDLE probe of state fair fiasco falls short

It should go without saying that Florida law frowns upon public officials who take freebies from vendors and whose agency throws business to their family. But that wasn’t enough to move the Florida Department of Law Enforcement to find that the ex-di...
Published: 02/21/18
Updated: 02/23/18
Editorial: They value guns, not kids

Editorial: They value guns, not kids

They value guns over kidsSix days after 17 were killed at Marjory Stoneman Douglas High by a teen-ager firing an AR-15 semi-automatic rifle, the Florida House refused to even debate a bill banning the sale of assault weapons. The vote, 71 to 36, wasn...
Published: 02/21/18

Editorial: Nursing home rule should be stronger

It shouldn’t take months or another tragedy for Florida — which is hot and full of seniors — to protect its elderly population from heat stroke in the event of an emergency. That’s why Gov. Rick Scott had the right idea last year in calling for nursi...
Published: 02/20/18
Updated: 02/23/18
Editorial: Listen to Marjory Stoneman Douglas students demanding change

Editorial: Listen to Marjory Stoneman Douglas students demanding change

Students from Marjory Stoneman Douglas High School are traveling to the state capital today and declaring "never again.’’ A prominent Florida Republican fundraiser vows he won’t raise another nickel until his party approves new gun controls. Across F...
Published: 02/19/18

Editorial: No more doubt about Russian meddling in election

The latest indictment by the Justice Department special counsel, Robert Mueller, refutes President Donald Trump’s claims that Russian interference in the 2016 election was a Democratic hoax. The indictment details the lengths Russian conspirators too...
Published: 02/19/18

Another voice: Tips should belong to workers, not their bosses

The Trump administration is under fire for proposing a Labor Department regulation that could result in hotel and restaurant employers dipping into the tips customers leave for their employees, depriving the nation’s 14 million hard-working restauran...
Published: 02/18/18
Updated: 02/20/18
Editorial: Trump’s rising deficits and misplaced priorities

Editorial: Trump’s rising deficits and misplaced priorities

It’s not popular in Washington or virtually anywhere else these days to express concern about the rising federal deficit. Congressional Republicans who used to be deficit hawks first voted to cut taxes by $1.5 trillion over the next decade, then rais...
Published: 02/17/18