Penalties for murder - order versus pulling the trigger

[Mama_Zappa]

We were watching a documentary on Whitey Bulger the other day, and for some reason I got to wondering: If you commit murder by pulling the trigger yourself, you’re presumably up for any and all penalties for First Degree Murder, up to and including the death penalty.

If you “merely” order the murder, however, are you subject to the same penalities? Lesser? Worse?

If you hire a hitman (as opposed to giving one of your on-staff goons the assignment), same question.

In either of these scenarios, would the goon / hitman be subject to any different penalties than if he’d acted on his own behalf?

It’s largely an academic question for Whitey; given his age and health, a 5 year sentence is as good as a life sentence.

I thought about putting this in IMHO, but figured that there’s a fair chance that there’s a factual answer as to whether the boss is up for the same penalties as his hirelings.

[Bijou_Drains]

I think in most cases if you order a murder you can be convicted of murder and get the same penalties.
A guy in NJ hired a hitman to kill his wife. The guy who pulled the trigger was found not guilty but the husband was convicted. That was an odd case.

[buddha_david]

Charles Manson was convicted of murder and sentenced to death, even though he never directly killed anyone.

[Oakminster]

@Mama_Zappa

I thought about putting this in IMHO, but figured that there’s a fair chance that there’s a factual answer as to whether the boss is up for the same penalties as his hirelings.

Yes. See accessory before the fact.

[Bijou_Drains]

A lot of mafia guys were convicted of murder just for giving an order. Guys like John Gotti may have pulled the trigger when they were young but not after they were running a family.

[bob_2]

Isn’t conspiracy a thing in the USA? Over here, if you get together with one or more people and plot/plan a murder, then you are all equally guilty. The prosecution doesn’t actually need to prove who dun it.

[Jeff_Lichtman]

From the California Penal Code:

31. All persons concerned in the commission of a crime, whether it
    be felony or misdemeanor, and whether they directly commit the act
    constituting the offense, or aid and abet in its commission, or, not
    being present, have advised and encouraged its commission, and all
    persons counseling, advising, or encouraging children under the age
    of fourteen years, or persons who are mentally incapacitated, to
    commit any crime, or who, by fraud, contrivance, or force, occasion
    the drunkenness of another for the purpose of causing him to commit
    any crime, or who, by threats, menaces, command, or coercion, compel
    another to commit any crime, are principals in any crime so
    committed.

I’m sure that the other 49 states have similar laws.

[md2000]

@bob_2

Isn’t conspiracy a thing in the USA? Over here, if you get together with one or more people and plot/plan a murder, then you are all equally guilty. The prosecution doesn’t actually need to prove who dun it.

IIRC with plea bargaining and turning states’ evidence, I recall reading quite a few cases where the guy who made the deal was the psycho who pulled the trigger. He would get say, a 30 year sentence to testify against the accomplices who had only signed up for, say, armed robbery, who would then get full weight of the law. I recall this being the case with someone who was on death row, put there by the evidence of the triggerman.

Unless someone confesses (or they are particularly stupid) it would be difficult to get strong evidence proving someone ordered the hit.