Legal Commentary

Vicarious Liability and the Death Penalty in TX & VA

By TChris

It's common for states to rely on theories of vicarious liability (conspiracy and aider-or-abettor laws, for instance) to treat everyone who played a role in a crime as if they are equally as guilty as the individual who directly committed the crime. The getaway car driver and the lookout and the person who planned the heist are deemed just as guilty of bank robbery as the guy who instructs the teller to hand over the cash.

Vicarious liability becomes controversial when the death penalty is imposed on individuals who played some role in causing a death but didn't take direct action to end a life. A legislator in Texas has introduced a bill to eliminate the death penalty as a possible penalty under the state's Law of Parties.

[Rep. Harold] Dutton said there have been at least 12 people executed under the Law of Parties and possibly as many as 20.

The Virginia General Assembly voted yesterday to do just the opposite by eliminating the state's "triggerman rule," which restricts imposition of the death penalty to the person who actually did the killing. Gov. Kaine is expected to veto the bill.

Full post as published by TalkLeft on February 25, 2009 (boomark / email).