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
The Supreme Court of the United States has held that the Eighth Amendment to the United States Constitution does not prohibit imposing the death penalty for felony murder. The Supreme Court has created a two-part test to determine when the death penalty is an appropriate punishment for felony murder. Under "Enmund v. Florida", the death penalty may not be imposed on someone who did not kill, attempt to kill, or intend that a killing take place. However, under "Tison v. Arizona", the death penalty "may" be imposed on someone who was a major participant in the underlying felony and acted with reckless indifference to human life.