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87. Is the second man's death sentence constitutional?
The second man was also tried and convicted. The prosecution agreed, based on medical records, that he was intellectually disabled with an IQ of only 60. The jury nonetheless sentenced the second man to death.
The men were charged with felony murder and tried separately. The first man (the actual shooter) was tried and convicted, but the jury refused to sentence him to death, so he was sentenced to life imprisonment.
Two men agreed to rob a bank. In the course of the robbery, the first man shot and killed a teller. The police arrived and arrested both men as they were leaving the bank.
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A is incorrect. The cruel and unusual punishment clause does not contain a proportionality principle limiting the relative sentences that accomplices may receive.
C is incorrect. The cruel and unusual punishment clause does not categorically preclude the death penalty for persons found guilty of felony murder, even for a defendant who was not the individual directly responsible for the victim's death.
D is incorrect. Under the cruel and unusual punishment clause of the Eighth Amendment, the state is prohibited from executing a severely intellectually disabled person.