cofelon to a felon who accidentally kills someone during an armed robbery, is also liable for that murder. Jurisdiction by jurisdiction Alabama Alaska Arizona Arkansas California (only if the deceased is a peace officer or the defendant operated with reckless indifference to human life and was a major participant) Colorado Connecticut Delaware Florida Georgia Hawaii (abolished) Idaho Illinois Indiana Iowa Kansas Kentucky (abolished) Louisiana Maine Maryland Massachusetts Michigan (abolished) Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey (follows Model Penal Code) New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia Federal Supreme Court jurisprudence Proportionality and felony murder The Court's proportionality principle has three components, two of which are objective and one of which is subjective. The objective evidence the Court looks for is the legislative judgment of the states and the behavior of sentencing juries; the subjective evidence the Court looks for is the extent to which a particular death penalty serves the goals of retribution and deterrence. Examining nearly the same question a mere five years apart, the Court came to two different conclusions—that the Eighth Amendment allows the death penalty for felony murder in some cases but not others, and that the dividing line is the situation presented by Tison. Legislative judgments of the states In Coker v. Georgia, the Court had rejected the death penalty for rape because only one state—Georgia—allowed that punishment. Accordingly, the task for the Court was to count the number of states that allowed the death penalty for felony murder to see if the death penalty was a comparatively rare sanction for that crime. This enumeration was not as simple as it might seem at first. In 1982, 36 states authorized the death penalty. In four, felony murder was not a capital crime. In 11 others, proof of some culpable mental state was an element of capital murder. In 13 states, aggravating circumstances above and beyond the fact of the murder itself were required before imposing the death penalty. This left eight states—out of 36—allowed the death penalty for merely participating in a felony in which a murder was committed. The Court concluded that this evidence "weighs on the side of rejecting capital punishment for the crime at issue"—felony murder for a minor participant who did not actually