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Enmund v. Florida : ウィキペディア英語版 | Enmund v. Florida
''Enmund v. Florida'', , is a United States Supreme Court case. It was a 5–4 decision in which the United States Supreme Court applied its capital proportionality principle to set aside the death penalty for the driver of a getaway car in a robbery-murder of an elderly Florida couple. == Background == While Earl Enmund sat outside in the getaway car, his accomplices Sampson and Jeanette Armstrong rang the doorbell of Thomas and Eunice Kersey, who lived at a farmhouse in central Florida. When Thomas Kersey answered, Sampson Armstrong held him at gunpoint while Jeanette took his money. Eunice came out with a gun and shot Jeanette, wounding her. Sampson shot back and killed both of the Kerseys. The Armstrongs took all the Kerseys' money, then they went back to the getaway car Enmund was driving. Enmund and the Armstrongs were indicted for first-degree murder and robbery. The judge instructed the jury that, under Florida law, killing a human being while engaged in the perpetration or in the attempt to perpetrate a robbery is first-degree murder. Jeanette and Sampson Armstrong were convicted of first-degree murder. At a separate penalty hearing, the trial judge found that the murders were committed for pecuniary gain and were especially heinous, atrocious, or cruel, and that no statutory mitigating factors applied, and then sentenced Enmund to death. On appeal the Florida Supreme Court rejected Enmund's contention that his death sentence was inappropriate because he did not kill or intend to kill the Kerseys, holding that the "felony murder rule and the law of principals combine to make a felon generally responsible for the lethal acts of his co-felon.'"〔Enmund v. Florida, 399 So.2d 1362, 1370 (Fla. 1981)〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Enmund v. Florida」の詳細全文を読む
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