Spotlight PA: “The Pennsylvania Supreme Court has struck down mandatory life sentences for people convicted of second-degree murder as unconstitutional under the state constitution, a watershed moment in the history of the commonwealth’s centuries-old justice system.

Until today, people in Pennsylvania could serve the same sentence for being a getaway driver during a botched robbery or causing an injury that later led to death as someone who knowingly plotted and carried out a killing.

“We determine that a mandatory life without parole sentence for all felony murder convictions, absent an assessment of culpability, is inconsistent with the protections bestowed upon our citizens under the ‘cruel punishments’ clause of our Commonwealth’s organic charter,” wrote Pennsylvania Supreme Court Chief Justice Debra Todd for the majority.

The ruling was unanimous in part, with Justice Kevin Brobson dissenting in part.

The outcome ensures that, going forward, people convicted of second-degree murder will receive sentences that consider their individual responsibility in the course of the crime.

The court stayed its ruling for 120 days to give the legislature time to amend the laws that require the now-unconstitutional sentencing scheme….

The legislature could address the issue by lifting the prohibition on parole for people serving a life sentence from a second degree murder conviction, said Quinn Cozzens, an attorney with the Abolitionist Law Center who served as counsel on the case.

‘So, that would apply to anyone who has already been sentenced, anyone who will be sentenced in the future, and would really alleviate a huge burden on the courts, defense attorneys, people serving these sentences to go through the process of resentencing potentially up to 1,000 people or more,’ Cozzens said.”

read the full article