Abstract
This article analyzes the Supreme Court's social science analysis of where community sentiment stands on the death penalty for non-triggermen felony-murderers, and finds that a number of conclusions reached by both the Enmond and Tison Courts cannot withstand social science scrutiny. Using experimental methods, we find that community sentiment rejects the accessorial liability theory, nullifies the felony-murder rule, and rejects the death penalty for accessories. To achieve accord between community sentiment and the law, this analysis shows that it is the Tison majority who must shift.
How to Cite
32 Ariz. L. Rev. 819 (1990)
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