4. (§26.50) Death Penalty as Cruel and Unusual Punishment
The United States Supreme Court and the Supreme Court of Missouri have held that the death penalty is not cruel and unusual punishment. Gregg v. Ga., 428 U.S. 153, 187 (1976); State v. Williams, 652 S.W.2d 102, 112 (Mo. banc 1983). But the Eighth Amendment authorizes the death penalty only if the defendant killed, attempted to kill, or intended that a killing take place or that lethal force be used. Enmund v. Fla., 458 U.S. 782, 797 (1982). “Intent” can, nevertheless, be inferred if the defendant participated in a felony that resulted in murder if the defendant acted with reckless indifference to human life. Tison v. Ariz., 481 U.S. 137, 157–58 (1987). The death penalty is per se forbidden for the offense of raping an adult victim. See...
