Workers World: “On March 26 the Pennsylvania Supreme Court’s ruling in Commonwealth v. Derek Lee found mandatory life without parole for felony murder to be an unconstitutional punishment. This decision could lead to the largest resentencing in the state’s history. The justices determined that Lee’s life without parole sentence, which did not consider his individual culpability, was disproportionate and cruel under the federal Eighth Amendment and a 1790 Pennsylvania provision.

The Pennsylvania Constitution Article IX, Section 13 — that prohibits “cruel punishments” rather than “cruel and unusual punishments” as in the U.S. Constitution — was interpreted by the court as offering broader protection for incarcerated people. The landmark decision could impact 1,100 people serving a life without parole sentence for second-degree murder, giving them an opportunity to seek relief.

The case was brought before the court in October 2024 by the Abolitionist Law Center who view the win as an important step in their work to end death by incarceration (DBI). Established in 1974, the mandatory life without parole law held all accomplices in an act that resulted in a death responsible even if they did not commit the murder.

Of the over 1,000 people currently sentenced to life without parole for felony murder, 70% are Black. Life without parole is the only possible sentence in the state for felony murder. With more than 5,200 people serving Death by Incarceration sentences for all murder convictions,  Pennsylvania has one of the highest rates of DBI sentencing in the world. Courts in Philadelphia issue more DBI sentences than any other jurisdiction on the planet.”

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