PHILADELPHIA (KYW Newsradio) — The Pennsylvania Supreme Court has ruled that a mandatory life sentence for second-degree murder — meaning a murder committed during the commission of a violent felony like robbery or kidnapping — is unconstitutional.
A mandatory life sentence for second-degree murder, also called felony murder, is unconstitutional, the high court said, as it does not give a defendant a chance to argue their level of participation in the murder.
Under current law, someone can be convicted of second-degree murder if they’re an accomplice in violent felonies that result in death.
The opinion, written by Chief Justice Debra Todd, says the mandatory life sentence for second-degree murder “poses too great a risk of a disproportionate punishment,” meaning someone not directly involved in the actual killing could face a longer sentence than someone who is convicted of murder. The opinion also notes that in all other forms of homicide, the mental state of a defendant is key in determining the grading.
The ruling says it does not prohibit a life sentence for second-degree murder, but each case must be weighed individually.
It does not apply in any way to mandatory life for first-degree murder convictions. It also doesn’t grant immediate relief or guaranteed appeal to anyone currently serving a second-degree life sentence.
The court gives the state Legislature 120 days to change the law.
In a legislative memo for a bill that would remove the mandatory life sentence, state Rep. Tim Briggs (D-Montgomery County) said 1,100 people are currently serving a second-degree life sentence; 700 have served more than 20 years, and 300 are over the age of 60.
“Those folks definitely should have the opportunity to have the evidence showed what their culpability could or may be, and this sentence should be appropriate to the conduct,” said Briggs.
Briggs’ bill would carry a maximum sentence of 50 years. The Supreme Court ruling said it is not prohibiting a life sentence for second degree murder, but that each case must be individually weighed.
The ruling also doesn’t address anyone currently serving a second-degree life sentence. Briggs said that will be part of the discussion in the legislature.
Second-degree murder, or felony murder, is a murder committed during the commission of a violent felony, like robbery or kidnapping
Second-degree murder, or felony murder, is a murder committed during the commission of a violent felony, like robbery or kidnapping
