Commonwealth v. O'NEAL

By the Court.

Pursuant to our order in Commonwealth v. O’Neal, 367 Mass. 440, 450 (1975), the parties and amici have presented arguments as to whether the State has a compelling interest in retention of the death penalty. We now address the issue whether the mandatory death penalty for murder committed in the course of rape or attempted rape, G. L. c. 265, § 2, is constitutional. For the reasons stated in the concurring opinions which follow, we hold that the mandatory death penalty for murder committed in the course of rape or attempted rape violates the Massachusetts Declaration of Rights…