The Odd One Out: Felony Murder, The Law of Parties, and the Execution of Non Killers

Abstract

The focus of this research is in the area of the United States death penalty. More specifically, it examines the use of the felony murder rule and the law of parties at both federal and state level. These areas are considered in light of the 8th Amendment as according to the interpretations of the United States Supreme Court. The approach taken in this article is two dimensional: firstly it considers the theoretical approach to the felony murder rule and the law of parties by way of assessing the legislation and precedents at federal level, secondly it examines the law in practice at state level and compares and contrasts them. This article seeks to establish that the law of parties imposing the death penalty on non-triggerman accomplices is arbitrary, inadequate, unjustified and unconstitutional through its violation of the 8th Amendment.