Felony Murder And The Death Penalty In The United States
The Supreme Court of the United States has held that the Eighth Amendment to the United States Constitution does not prohibit imposing the death penalty for felony murder. The Supreme Court has created a two-part test to determine when the death penalty is an appropriate punishment for felony murder. Under Enmund v. Florida, 458 U.S. 782 (1982), the death penalty may not be imposed on someone who did not kill, attempt to kill, or intend that a killing take place. However, under Tison v. Arizona, 481 U.S. 137 (1987), the death penalty may be imposed on someone who was a major participant in the underlying felony and acted with reckless indifference to human life.
Read more about Felony Murder And The Death Penalty In The United States: Proportionality and Felony Murder, Justice Brennan On Those Who Do Not Intend To Kill
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