| 翻訳と辞書 |
| Felony murder and the death penalty in the United States ： ウィキペディア英語版 |
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'',〔''Enmund v. Florida, 〕 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'',〔''Tison v. Arizona'', 〕 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.
==Proportionality and felony murder==
The Court's proportionality principle has three components, two of which are objective and one of which is subjective. The objective evidence the Court looks for is the legislative judgment of the states and the behavior of sentencing juries; the subjective evidence the Court looks for is the extent to which a particular death penalty serves the goals of retribution and deterrence. Examining nearly the same question a mere five years apart, the Court came to two different conclusions—that the Eighth Amendment allows the death penalty for felony murder in some cases but not others, and that the dividing line is the situation presented by ''Tison''.
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「Felony murder and the death penalty in the United States」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|