5 May 2011

Florida tourists murder suspect to be tried as an adult

As 16-year-old Shawn Tyson faces life without parole if found guilty of killing two British tourists, Channel 4 News has a special report into the American children growing up behind bars.

16-year-old Shawn Tyson charged with murder of british tourists in Florida (Reuters)

Teenager Shawn Tyson was charged as an adult over the deaths of British tourists James Cooper and James Kouzaris, as the funeral of 25-year-old Mr Cooper took place in Warwickshire.

Tyson will face two counts of first degree murder. The sixteen year old had been in custody in connection with a previous shooting but was released hours before the two tourists were found shot dead in the Newtown area of Sarasota, Florida on 16 April.

His trial is expected to take place within the next 18 months and, because he has been charged as an adult, he could be sentenced to life imprisonment without parole.

Children tried as adults

The decision to try a young defendant as though they were an adult is not unusual in America, one of the relatively few countries in the world to do so. Children as young as 13 have been sentenced to life without parole, according to the American Civil Liberties Union (ACLU), which estimates some 2,570 children have been sent to spend the rest of their life in prison without any opportunity for release.

In the state of Michigan, where some 350 juveniles have been jailed for life without parole, a court case is due to be heard this month on the constitutionality of the law that allows such sentences.

The case, filed by the ACLU and the ACLU of Michigan on behalf of nine juvenile lifers, argues that denying them an opportunity for release constitutes cruel and unusual punishment and violates their constitutional right to a fair hearing to demonstrate their growth, maturity and rehabilitation.

Ironically the world’s first juvenile court was established in Cook County, Chigaco in 1899. One of its founding principles was to avoid treating children as criminals to be incarcerated, but rather to deal with young offenders through a variety of alternative options, including probation at home or in a foster home, or placement in a reformatory. Unlike today, this court was not allowed to lock children up with adult offenders.

Watch: the Channel 4 News special report on the children who grew up behind bars in America. Do they deserve a second chance?