What is a common denominator between Pennsylvania and Louisiana? They are the only two states in the nation to mandate life-without- parole sentences for all felony murder convictions. Here in our commonwealth, people have spent decades — in some cases their entire adult lives — incarcerated under a sentencing structure that allowed no room for nuance, growth, rehabilitation or context. However, the Pennsylvania Supreme Court’s recent decision in Commonwealth v. Lee gives us an opportunity to correct that.
In a watershed moment for justice, the court found that Pennsylvania’s mandatory life-without-parole sentence for felony murder violates our state constitution’s prohibition against cruel punishments because it fails to consider a person’s individual culpability. That is a major development, not only legally, but also for the moral integrity of our state government.
For decades, Pennsylvania’s felony murder law has imposed the same mandatory sentence on people participating at vastly different levels in these crimes. Under the law, someone who planned and intentionally carried out a killing could receive the exact same punishment as someone who never intended for anyone to die, never pulled a trigger, or, in some cases, was not even present when the murder occurred. This was never a reflection of a fair or rational approach to justice.
As a lawyer, I understand the importance of accountability under the law but also emphasize that our justice system must recognize the difference between levels of responsibility.
In this historic decision, the court held that automatically sentencing every person convicted of felony murder to life without parole — without considering their intent, conduct or role in the offense — is incompatible with the protections guaranteed by our state constitution. The justices made clear that fairness requires individualized sentencing, not blanket punishment.
Importantly, the court did not eliminate accountability for felony murder. Second-degree murder remains a serious offense. What the court rejected was the idea that Pennsylvania can constitutionally treat every person convicted under that statute exactly the same, regardless of the facts.
The court ruled on March 26 and stayed its ruling for 120 days to allow the General Assembly time to act. In other words, legislators now have both a responsibility and a deadline of July 24 to act. If we fail to address the issue thoughtfully, the courts will inevitably be forced to continue stepping in case by case. As a lawmaker, I recognize that there are many difficult questions ahead and am eager to help craft a solution centered on both justice and accountability.
We must begin from a place of honesty about what the old system did. Mandatory life-without-parole sentences erased distinctions among people whose actions and intent were profoundly different. They removed judicial discretion entirely. And they contributed to a system in which punishment was often disconnected from individual culpability. That is not justice.
As legislators, we have an obligation to build a better system. I am encouraged that there is bipartisan interest in addressing this issue. This conversation is not about excusing harm or diminishing the pain experienced by victims and families. Our legal system should strive to deliver justice that is thoughtful, constitutional and proportional. The Lee decision reminds us that the law is not static. Our understanding of justice evolves. Courts, legislators and communities all have a role to play in ensuring that our systems reflect accountability and humanity.
Over the coming weeks, the General Assembly must rise to that challenge. Pennsylvania now has an opportunity to move away from one-size-fits-all punishment and toward a justice system that recognizes nuance, constitutional rights and the possibility of redemption. That is work worth doing and work we cannot afford to delay.
If you have questions about this issue, or any others, I encourage you to call my office at (412) 321-5523, email [email protected], or visit my office at 658 Lincoln Ave. in Bellevue.
