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Felony-Murder Death Sentence - The Tison Brothers' Intent to Kill - State v. Tison

NCJ Number
104446
Journal
Arizona Law Review Volume: 27 Issue: 4 Dated: (1985) Pages: 889-897
Author(s)
D Gallaway
Date Published
1985
Length
9 pages
Annotation
In Enmund v. Florida, the U.S. Supreme Court held that a defendant may not be sentenced to death absent a showing that he killed, attempted to kill, or intended to kill. This case note examines the Arizona Supreme Court's second review of the murder conviction of the Tison brothers within the context of Enmund and subsequent case law.
Abstract
In its decision, the Arizona Court upheld the death penalty on the grounds that the defendants, while not directly responsible for the killing, intended the victims to die within the meaning of Enmund. In its decision, the court maintained that intent is not limited to a narrow interpretation, but rather justifies the use of capital punishment when the record alone supports the conclusion that the defendants anticipated or contemplated the use of lethal force in accomplishing a crime. While Arizona is the first jurisdiction in which Enmund has been interpreted this broadly, its decision is consistent with other applications of Enmund. Further, its decision is in agreement with the U.S. Supreme Court's principle that a defendant's 'punishment must be tailored to his personal responsibility and moral guilt.' 67 footnotes. (Author abstract modified)

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