FAQs | Commonwealth v. Derek Lee

On October 8, the Pennsylvania Supreme Court will hear Derek Lee’s appeal, brought by the Abolitionist Law Center, challenging life-without-parole sentences for 2nd-degree murder. The case argues that condemning someone to die in prison for non-premeditated actions constitutes cruel and unusual punishment and should be deemed unconstitutional.

Most cases like this aren’t accepted by the PA Supreme Court, and their willingness to hear it suggests new interest in re-examining the extreme sentence. In addition, more than 25 amicus briefs were sent to the Supreme Court to support the argument, including ones from the Philly District Attorney’s office, Gov. Josh Shapiro’s office, and a group of survivors who lost loved ones to homicide. So while the argument isn’t new and follows from what people inside prison and supporters have been saying for decades, there’s reason to think that public opinion about life sentences is shifting and the courts are trying to follow suit.

FAQs

What would be the impact of the PA Supreme Court ruling?

If the Court finds in favor of Derek Lee, he would be eligible for re-sentencing or parole in the future. Whether all those in PA with the same sentence would automatically and immediately become eligible for resentencing depends on the wording of the court ruling. It’s possible each individual with that sentence would have to file an appeal.

Gov. Shapiro filed an amicus (friend of the court) brief in Lee’s case supporting his resentencing but requesting that the court leave the resentencing of others with a DBI sentence for 2nd-degree murder to the legislature. If that is what the court does, know that our sister organization Straight Ahead and its allies have already begun to urge the PA Legislature to pass House Bill 2296. This bill would grant parole eligibility for people serving life without parole for 2nd-degree murder, which would allow individualized parole hearings to consider their degree of culpability in the offense and their rehabilitation. The bill is currently in the House Judiciary Committee, where it was introduced. This past May, the committee held a public hearing on the bill.

Groups are pushing to block HB 2296 from being retroactive and providing sentencing relief to those already sentenced and believe relief should only apply to 2nd-degree murder sentences that occur after the bill is passed. We are, of course, pushing for the bill to be retroactive because relief from the torture of DBI should be available to everyone.

Will the court ruling impact 1st-degree murder or other DBI sentences in PA?

The ruling will be limited to DBI sentences for 2nd-degree murder.

When will the court make its decision?

We don’t know for sure and the court has no deadline, but we expect it to take several months after the October 8 arguments before ruling.

What can I do to support this case?

Please tell your friends and family to pack the court to show support for Derek Lee’s appeal:

October 8, 2024 | 9:00 am

PA Supreme Court, Pittsburgh
801 City-County Building
414 Grant Street
Pittsburgh, PA 15219

While not everyone will get inside the courtroom, it is important for the judges to see how many people care and support this case. We need as many people as possible to show up to the court in person. Please help spread the word by sharing this with your family members and friends.