could he be given the death penalty if he killed Julissa during a robbery?

-- Modified on 4/21/2009 6:01:21 PM

Theoretically yes if there was a death penalty in MA.  The felony murder rule provides that if a death occurs during the commission of certain crimes then the death becomes first degree murder.  The killing doesn't have to be pre mediated it could be an accident.  If the driver of the get away car in an armed robbery drives recklessly with a wanton disregard for life and property and becomes involved in a traffic accident wherein someone is killed then the felony murder rule would apply. MA might have a sentence of life in prison without the possibility of parole. If that is the case and they have the felony murder rule then he could, upon conviction, get life without the possibility of parole.

The problem in this case is how is the prosecution going to prove a robbery occurred. There were no witnesses and the only circumstantial evidence might be the gun.  If none of her property was taken then it would be very difficult to prove robbery.

the chances that a clean cut middle class young man with money for a lawyer who did not torture and mutilate his victim or kill a little child would get the death penalty is very very very small.  Even death house inmates in Caliornia a more likely to die of natural causes than by execution.  In philly, a low life murdered his wife so he could get her insurance and run off with a stripper.  He planned it for a long while.  He did not get the death penalty.  

[I am against the death penalty; it costs a fortune to kill someone and about 1/10 as much to lock him/her safely away for life.  Life in a state prison is no picnic.  I am sorry to reveal this here, but to me taking a life is just wrong.]

Even in Texas, where they like to think the death penalty is given to anyone without bias, this guy would have about a 0% chance of getting the DP.

Change any one of these three variables (White, Clean-Cut, Money for Good Lawyers) and then he would have a chance at getting the DP. Change any two, and he's guaranteed to get the DP if found guilty.

This thread is about to get bounced to P&R, I feel...

(btw, I realize that Mass does not have DP.)