Brief Fact Summary. The Petitioners, Ricky and Raymond Tison (Petitioners), were sentenced by a judge to death after conviction for four murders under accomplice liability and felony-murder statutes. Neither of the Petitioners actually committed the murders himself, but rather, the deaths were caused by their co-felons, in the course of an armed robbery, kidnapping and car theft.
Synopsis of Rule of Law. The death penalty may be imposed where there exists no specific intent to kill but rather, the defendant knowingly and substantially participated in criminal activities known to carry a grave risk of death.
Issue. Does the Eighth Amendment of the United States Constitution (Constitution) prohibit the death penalty where the defendant participated substantially in the crime, but whose mental state is one of reckless indifference to the value of human life, rather than a mental state reflecting an intent to kill?
Held. No. The Petitioners aided in bringing an arsenal of lethal weapons to a prison in order to arm two convicted murderers for the purpose of escaping. The Petitioner Raymond Tison performed the role of flagging down the victims, robbed the victims and guarded them at gunpoint. He then watched the killing without making an effort to assist the victims. The Petitioner Ricky Tison’s behavior was substantially the same. This conduct evidences a substantial participation in the crime and a reckless disregard for the value of human life. “[T]he reckless disregard for human life implicit in knowingly engaging in criminal activities known to carry a grave risk of death represents a highly culpable mental state, a mental state that may be taken into account in making a capital sentencing judgment when that conduct causes its natural, though also not inevitable, lethal result.”
Indeed, the possibility of bloodshed is inherent in the commission of any violent felony and this possibility is generally foreseeable and foreseen; it is one principal reason that felons arm themselves.View Full Point of Law