CREATORS
March 31, 2026
A 2021
report by the Philadelphia Lawyers for Social Equity found that there were
8,242 people serving life without parole (LWOP), or virtual life sentences of
50 or more years in Pennsylvania, the second-highest number not only in the
country, but around the world.
Over 1,100
of those sentenced to life without parole were the result of the state's
second-degree murder — "felony murder" — statute. That number may
begin to decline.
Last week,
the Pennsylvania Supreme Court ruled it is unconstitutional to require
mandatory life sentences without parole for people convicted of felony murder.
The key to that ruling is "mandatory."
Under the
law, anyone convicted of participating in a felony that results in death — such
as a robbery — receives an automatic life sentence, even if the person didn't
commit the killing or intend for anyone to die.
Life
sentences will still be allowed for second-degree murder on a case-by-case
basis, but the state high court said mandatory life violates the state
constitution's prohibition against cruel and unusual punishment.
The Eighth
Amendment to the U.S. Constitution prohibits cruel and unusual punishment, but
Pennsylvania has its own constitutional prohibition against cruel and unusual
punishments — Article I, Section 13.
Across the
country few states still impose mandatory life without parole. According to the
Death Penalty Information Center, in light of the ruling in Pennsylvania, only
Louisiana has mandatory LWOP for a felony murder conviction
The
Pennsylvania Supreme Court reasoned 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 Article I, Section 13.
Recognizing
the gravity of a life without parole sentence, the court wrote, "Life
without parole imposes the harshest imprisonment sanction permitted under the
law — imprisonment until death without the opportunity for consideration of
release — regardless of culpability."
The
decision will have a significant impact, and as a result, the court stayed the
imposition of the ruling for 120 days to allow the Pennsylvania legislature to
remedy the unconstitutional sentencing scheme through legislation.
The most
pressing question is, will the decision be retroactive? If so, how does
retroactivity affect the sentences of people already behind bars? How lawmakers
approach that process — and what remedies they might settle on — could be the
subject of intense debate.
According
to the Philadelphia Inquirer, options could include seeking resentencing
hearings for every person already convicted under the law, to more narrow
approaches that might invite additional questions — and litigation — about how
to apply the new finding to cases that were decided decades ago.
In
addition, what will be the sentencing scheme for felony murder in future cases?
As the court made clear, LWOP is still an option. But what are the options
short of LWOP? The legislature will have to set the parameters and have only
120 days to do it.
Marsha
Levick, the Phyllis Beck chair at Temple University's Beasley School of Law,
and former chief legal officer of the Philadelphia-based Juvenile Law Center,
coauthored briefs in a series of cases that struck down mandatory life
sentences for juvenile offenders, and said Pennsylvania's high court in this
case appeared to be positioning its ruling for retroactive application — even
if it stopped short of saying so.
Levick
told the Philadelphia Inquirer that the opinion echoes the reasoning the U.S.
Supreme Court used to make similar decisions retroactive in juvenile cases,
though she cautioned that "we're going to have to wait for action."
According
to the Pennsylvania Capital-Star, if no legislation is passed, or a bill is
approved that doesn't address existing life sentences, that will likely kick
the issue back to the courts. And that could result in further delay for those
subject to unconstitutional sentences.
Matthew T.
Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His
book, "The Executioner's Toll," 2010, was released by McFarland
Publishing. You can reach him at www.mattmangino.com and follow him on Twitter
@MatthewTMangino
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