Juvenille’s Convicted of Felony Murder and the Sentencing Problems

Juvenille’s convicted of Felony Murder and the sentencing problems

Rob Panarese

1. Introduction

The purpose of this project is to discuss the jurisprudential merits of felony murder.  More specifically the discussion will be based on the case Jackson vs. Hobbs and the sentences given to juveniles convicted of felony murder.  The discussion will begin with the actual court decision and the sentence that was originally handed down.  From there a review of the Supreme Court’s decisions and the reasoning’s for their decisions.  These decisions will be based off of other cases that have similar characteristics.  A discussion of how the NYS Penal Law applies will be discussed as well as the Four Theories of Punishment and the reasons the judges gave for their decision and alternative reasoning’s in how they may apply.  There will be several other cases that will be acknowledged in this discussion due to their relevance to the case and the similarities that they have from the time a decision was made.  

1. I.  Jackson vs. Hobbs - Background

The background of this case starts when Kuntrell Jackson had just turned fourteen.  On November 18, 1999 Jackson and 2 older boys had been discussing the idea of robbing a video store.  As they were talking it was made aware that one of the older boys was in possession of a shotgun.  As they arrived at the video store Jackson waited outside as the 2 older boys entered the store.  The boy with the gun, pointed it at the clerks face and demanded money.  At this point in the robbery, Jackson had entered the store and the clerk threatened to call the police.  The boy with the gun did not like the threat and proceeded to shoot the clerk in the face.  All the boys ran away from the scene.  This is where the felony murder sentence was imposed.  Due to Jackson’s involvement of the robbery and the killing of a shop attendant, Jackson was sentenced to life imprisonment without parole.  Even though Jackson at no time ever held a gun or attempted to hold the gun he is essentially guilty by associated.  It is this sentence that many people question.  There are other cases that are similar to this that hold the same issues and have similar claims that the sentence is too harsh for someone who is legally not considered an adult.  To be accused of felony murder, a killing must occur during a dangerous felony.  This death can be accidental and never been meant.  All persons involved in the crime can be charged with felony murder even if they are not the ones who caused the death in the first place.  It is this association that needs to be discussed as to whether the law is correct in upholding the sentence.  

The first step to determining the ruling of the judges in the case Jackson vs Hobbs, is to understand the charge that is being assessed.  That is the felony murder statue (law).  For the purposes of this discussion, the NYS Penal Law will be referenced.  New York’s law resides under Article 125.25 sec (3).  This section simply put states that, a person or persons who commits or attempt to commit a dangerous crime (robbery, burglary, kidnapping, arson, rape, any other sexual crime in the first degree, cause the death of another person who is not a participant in the crime.  This statute applies regardless of whether it was intended or not. This charge is considered second degree murder.  To be considered this and not first degree murder the person being charged must have the following defenses: