Joseph Bruno
Bruno, along with Governor George Pataki and Assembly Speaker Sheldon Silver, was instrumental in returning the death penalty to New York State in 1995. The New York Court of Appeals (the highest state court in New York) later found the law to be unconstitutional because it gave jurors deadlocked between life without parole and execution no choice but to give eligibility for parole after 25 years; the Court of Appeals feared that jurors faced with this choice would unfairly lean toward a death sentence. In the 10 years after the law was passed, New York's crime rate plummeted without ever seeing an execution, perhaps weakening public support for the death penalty. Silver let the law die in 2005 without much debate.
Felony murder and the death penalty in the United States
Faced with the objective evidence suggesting that legislatures and sentencing juries did not uniformly reject the death penalty for "all" defendants convicted of felony murder, the Court had to limit the death penalty to a discrete and narrow category of felony murder defendants based on its estimation of which category would best effectuate the goals of retribution and deterrence. The "Enmund" Court stressed that the propriety of the death penalty must be measured in light of Enmund's "own" conduct. The "Tison" Court added that historically, the individualized determination incorporates an assessment of the mental state with which the defendant commits a crime, because a more culpable mental state merits a more severe punishment. In "Woodson v. North Carolina", the Court had struck down a mandatory death penalty statute because it failed to provide for individualized consideration at sentencing. The rule fashioned by "Enmund" and "Tison" accommodated this concern by ensuring that only felony murder defendants who had a sufficiently culpable mental state received the death penalty.