Local court blogger 'Rumpole' spots an interesting legal issue in setting up the issues in the upcoming trial of the alleged killers of Sean Taylor. The alleged shooter is under 18, and thus cannot be subjected to the death penalty. The two alleged accomplices are subject to a potential death penalty under the felony murder rule:
First question: under the principle of proportionality, can the prosecution seek the death penalty for defendants who were not the shooter when they are precluded from seeking the death penalty for the shooter based on the shooter's age?