Pennsylvania Supreme Court Declares Mandatory Life Sentences for Second-Degree Murder Unconstitutional
In March of this year, the Pennsylvania Supreme Court issued a landmark decision that will have considerable influence on Pennsylvania’s criminal justice system. The mandatory life sentence penalty for those found guilty of second-degree murder was found unconstitutional. It deprives trial judges of their right to consider the level of the defendant’s responsibility and particular details of the crime.
Under Pennsylvania law, second-degree murder, A.K.A. felony murder, applies when a death occurs during the commission of certain felonies, such as a robbery or burglary. A defendant can be convicted of second-degree murder even if they did not personally kill anyone or intend for a death to occur. Up until this decision, every person who was convicted of second-degree murder automatically received a life in prison sentence without the possibility of parole. The Supreme Court concluded that this “one-size-fits-all” approach poses an unacceptable risk of disproportionate punishment because it does not take into account the specific circumstances of each defendant’s individual role in the crime.
The Court did not strike down the statute, but postponed its decision for 120 days, allowing the Pennsylvania General Assembly to pass an amendment of the law that would bring it into compliance with the Constitution. Nevertheless, despite the obvious instructions provided by the Court, no consensus among the legislators was reached.
The legislature’s inability to act has created considerable uncertainty. Judges in Pennsylvania are now faced with a situation where they need to sentence defendants for second-degree murder without any legislative guidelines. Moreover, about 1,100 people who were sentenced to mandatory life in prison can now seek post-conviction relief. These unresolved issues are expected to lead to extensive litigation in the months and years to come.
If you or a loved one has been charged with second-degree murder or is currently serving a sentence that may be affected by this decision, the experienced criminal defense lawyers at Scarpello & LaTour can help evaluate your legal options. As Pennsylvania's sentencing laws continue to evolve, obtaining knowledgeable legal guidance is now more important than ever.

