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.
Second-degree murder, or felony murder, is a murder committed during the commission of a violent felony, like robbery or kidnapping
