his death sentence as not measurably contributing to either the goal of retribution or of deterrence. For Brennan, then, it was incongruous for the Court to hold in Tison that putting someone to death who had acted recklessly would. Brennan also faulted the Court for ignoring the states that had abolished the death penalty altogether when counting the states that authorized the death penalty for felony murder. "It is critical to examine not simply those jurisdictions that authorize the death penalty in a given circumstance, but those that actually impose it." None of the 65 executions that had taken place after Enmund were carried out on a felony murderer who had not killed or intended to kill (as determined by a jury). Policy arguments The felony murder rule is a popular topic of discussion in criminal law scholarship. It is often criticized by scholars for disconnecting liability from culpability. David Crump, a legal scholar, argued that the felony murder rule is misunderstood, that unlike the popular perception, no American jurisdictions maintains a rule that is essentially "felony plus death automatically equals murder, without important limits. Scholars typically rationalize the felony-murder rule in four different ways: deterrence, transferred intent, retribution, and general culpability. There are two reasons that the felony-murder rule is argued to deter criminals. The first is that it deters negligent killings during the commission of felonies. The argument goes that cofelons will dissuade their criminal coconspirators from using violence because they too would be liable for any violence that occurs. The second reason argued is that it deters the commission of felonies altogether, the belief being that the rule adds to the risk of committing a felony in general. Opponents of the deterrence rationale argue that it is impossible to deter an unintended act, that the cofelons are likely to be unaware of the rule, and that there is no statistical evidence of deterrence. The retributivist rationale is that a killing occurring during the commission of a felony is a strict liability offense. The reasoning behind this rationale is that a felon bears responsibility for the harmful result arising from their criminal activity regardless of their intent. Opponents of the retributivist rationale argue that it is "primitive" and "simple", that it lacks nuance in terms of the felon's culpability and that it unjustifiably removes the mens rea element of the crime in question. Another retributivist argument in favor