At the heart of the case before the state Supreme Court, Commonwealth v. Cox, is
whether Pennsylvania’s death-penalty system is so flawed that it violates the
state constitution’s prohibition on cruel punishment. The justices’ decision
could affect not just future cases, but also the 142 inmates awaiting
execution, potentially forcing the courts to resentence them.
“If the death penalty
is abolished, that would have a very real effect on a limited number of cases —
which happen to be the most heinous cases,” said Greg Rowe, legislation and
policy director for the Pennsylvania District Attorneys Association.
It could also set the stage for another showdown with the
Republican-controlled legislature, which just last year accused the
Democratic-majority court of trying to set public policy from the bench.
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