Can a bank robbery become a capital crime?

Can a Bank Robbery Become a Capital Crime?

Bank robberies seem to happen all the time these days. We see the stories on the news or read about them online. But did you ever wonder – can a bank robbery become a capital crime? Let’s take a look at this complicated legal question.

First, what exactly is a capital crime? A capital crime is a crime that is punishable by death. This includes crimes like murder, treason, and espionage. The death penalty is the most severe punishment possible under the law. Only the federal government and some state governments authorize capital punishment for certain crimes.

Now, when it comes to bank robbery, the typical punishment is imprisonment, not execution. Most bank robbers face charges like armed robbery, assault with a deadly weapon, or kidnapping. None of those charges are capital crimes. However, there are some circumstances where a bank robbery could potentially carry the death penalty.

Felony Murder

The main way a bank robbery could become a capital case is under the felony murder rule. Felony murder applies when someone dies during the commission of a dangerous felony crime, like robbery, rape, or burglary. So if a bank robber accidentally or intentionally kills someone during the robbery, they could be charged with felony murder. The underlying bank robbery would make the murder a capital crime in states that allow the death penalty for felony murder.

For example, in 1995 a man named Kenneth Allen McDuff was executed in Texas for a murder committed during a bank robbery. McDuff had prior convictions for murder and was on parole when he robbed a bank and killed two employees. Under Texas law at the time, the felony murder rule made the killings capital crimes.

Federal Bank Robbery

Another situation where bank robbery could carry the death penalty is under federal bank robbery laws. The main federal law is 18 U.S.C. § 2113, which criminalizes bank robbery and other crimes against financial institutions. Under Section 2113, if a bank robber forces a person to accompany them during a robbery, and the person is killed, the bank robber could get the death penalty.

A notable case that illustrates this is the 1974 Wounded Knee bank robbery. Three American Indian Movement members were convicted and sentenced to death for killing four people during a robbery of the Wounded Knee Security Bank. Their death sentences were later reduced on appeal. But it shows how federal bank robbery can become a capital crime if someone is killed during the robbery.

Unintended Consequences

The felony murder rule and federal bank robbery laws demonstrate how a bank robbery gone wrong could lead to capital punishment. But some critics argue these laws produce unintended consequences. The death penalty may be disproportionate if a robber didn’t intend to kill anyone. Or accomplices who didn’t pull the trigger may get executed under felony murder.

There’s also research showing the death penalty does not deter crime more than life in prison. Some believe felony murder and capital punishment rules should be reformed to prevent excessive punishment. But current laws in many states do allow prosecutors to seek the death penalty in egregious bank robbery cases resulting in death.

Aggravating Factors

In addition to felony murder, there are other aggravating factors that could make a fatal bank robbery a capital case. If a robber deliberately killed a victim execution-style or tortured them, it shows intent and premeditation. Killing a police officer or child during a robbery could also justify capital charges. The more heinous the murder during a bank robbery, the more likely prosecutors will pursue the death penalty if it’s permitted under state or federal law.

For example, in 2000 a jury in North Carolina sentenced Kenneth Boyd to death for killing his partner and a customer during a bank robbery. The cold-blooded shooting of innocent victims made it an appropriate capital case despite no felony murder law in the state.

Defense Challenges

If faced with capital charges, a bank robbery defendant has some legal defenses and arguments. Contesting aggravating factors like torture could get the death penalty off the table. Challenging the intent and planning behind the robbery could show it wasn’t cold and calculated. The defendant could also claim they weren’t the one who pulled the trigger or killed the victim.

In cases charged under the felony murder doctrine, the defense may argue the killing was not foreseeable and the robbery did not pose a grave risk of death. They can also dispute whether it qualifies as an eligible underlying felony for felony murder purposes. Any evidence problems, procedural violations, or invalid aggravating factors could also give grounds to challenge a death sentence.

Death Penalty Trends

While legally possible in many states, the actual imposition of the death penalty for bank robbery murder has declined. Only seven people were sentenced to death nationwide in 2019. Evolving public attitudes and judges willing to find death penalties unconstitutional have contributed to the drop.

Though execution is still authorized for egregious bank robbery cases, prosecutors today are less inclined to pursue it given the legal complexities. Life imprisonment or decades-long sentences are more routinely sought and imposed. The death penalty for bank robbery murder remains legal but rare in practice under current justice system trends.

Conclusion

Bank robbery is generally not a capital offense. But if a killing occurs during a bank robbery, capital murder charges are possible under certain felony murder laws or federal bank robbery statutes. Premeditation and other aggravating factors could also justify the death penalty for fatal bank robbery in some states. However, despite legal authorization, capital punishment for bank robbery has declined amid evolving public and judicial attitudes.

So while execution remains an option for the most egregious offenses, life imprisonment is now the most common outcome even for fatal bank robberies. The legal authority exists to make bank robbery a capital crime but it is seldom applied in today’s death penalty landscape.

I hope this overview was helpful in explaining the complicated legal issues around potentially imposing the death penalty for bank robbery. Let me know if you have any other questions!