User:Saints420002/Felony murder and the death penalty in the United States

Felony Murder is a legal doctrine in the United States. It holds people responsible for murder if they are committing a dangerous felony that leads in someone's death. This includes if the death was accidental or unintended. This rule of law has always been controversial, especially when it comes to the death penalty.

Under felony murder if someone commits, attempts to commit, or is an accomplice in the commission of a felony including: robbery, burglary, arson, rape, or kidnapping) and someone were to die during one of those crimes the person responsible may be charged with murder. This is regardless if that was their intent or not. For example if three people were to go and break into someone's house with two of the individual going inside and the other being a lookout in their vehicle. The two people inside end up shooting the homeowner who they thought was out of the house and he dies. All three can be charged with felony murder including the individual who was the lookout. Even though he was not directly responsible for the death he was still partaking in a felony that led to the death of another person.

Now whether felony murder can result in a death penalty sentence has been up in debate for years and the courts finally reached a decision in Tison v. Ariz., 481 U.S. In this case two brothers broke their father who was serving a life sentence in prison for killing a prison guard out of prison. They escaped to a house where they broke in and the father killed the family living in the house. After they were caught the courts pondered on whether all three should get the death penalty of just the father. However after deliberating the courts gave the brothers the death penalty and agreed that someone who commits felony murder can receive the death penalty even if they did not intend to kill someone or were not the sole person responsible for the murder. This was a landmark case that led to felony murder becoming a crime similar to murder that can result in the death penalty.

This felony murder rule can only result in the death penalty for adults. Anyone under the age of 18 is not able to receive the death penalty as seen in Roper v Simmons, 543 U.S. 551 where a juvenile committed an array of crimes that led to the death of an elderly women. The courts decided in this case that no matter how heinous or gruesome a crime may be, someone who is under the age of 18 can not receive the death penalty. And this includes for felony murder.

Overtime there has been a trend of revaluating the use of the felony murder laws and how they may result in the death penalty. There are several states that are starting to reduce the harshness of of the laws that involve felony murder. In the place of the death penalty individuals may receive a life sentence or a far less strict sentence. This can be for many reasons including how the death penalty has been rapidly losing its favor in the United States. As of 2023 only 23 states allow the use of the death penalty in cases and more states are starting to hop on this trend.



References:

Kenneth, Anthony M, and Supreme courts of the United States. U.S. Reports Roper v. s Simmons: Roper v Simmons, 543 U.S. 551

Tison v. Ariz., 481 U.S. 137, 107 S. Ct. 1676, 95 L. Ed. 2d 127, 1987 U.S. LEXIS 1808 (Supreme Court of the United States April 21, 1987, Decided)