Pennsylvania Supreme Court Overturns Life Without Parole Sentence for Individual Convicted of Second Degree Murder

In a landmark ruling, the Pennsylvania Supreme Court held in Commonwealth v. Lee that an individual convicted of second degree murder may not be sentenced to life without the possibility of parole without an individualized determination of the person’s culpability in the crime.  This represents a huge change in the law and may require the resentencing of hundreds of inmates currently serving life sentences in Pennsylvania.

What is Second Degree Murder?

In Pennsylvania, second degree murder, also know as “Felony Murder,” occurs when an individual is killed during the commission of certain violent felonies.  Felony Murder occurs even when the killing was unintended, so long as it happened during a violent felony.  Moreover, anyone involved in the felony is guilty of the Felony Murder, even if they had nothing to do with the killing.  For instance, if Person A agrees to be the getaway driver for a robbery that Person B will commit, and Person B kills the victim of the robbery without telling Person A, Person A is still guilty of Felony Murder. 

What is the Penalty for Second Degree Murder?

                  In Pennsylvania, the penalty for second degree murder is life in prison.  Additionally, prisoners serving a life sentence in Pennsylvania are never eligible for parole.  This means that the getaway driver in a robbery who had no intent to kill anyone will spend the rest of his or her life in prison if convicted of Felony Murder.

Commonwealth v. Lee

In Commonwealth v. Lee, the Pennsylvania Supreme Court considered whether this mandatory life sentence scheme violated Article I, Section 13 of the Pennsylvania Constitution, which prevents “cruel punishments.”  Lee had been convicted of second degree murder in a case where he had not killed anyone, but had participated in a felony where another person had.  The Court held that mandatory life sentences for Felony Murder without an individualized determination of culpability violate Article I, Section 13 of the Pennsylvania Constitution, and sent the case back to the trial court for a new sentencing.  The Court ruled that at that sentencing, the trial judge must consider the defendant’s level of culpability in the crime before determining a sentence.  If appropriate, the Court authorized the trial judge to impose a sentence with a maximum of life imprisonment, but also to impose a minimum sentence at which Lee will be eligible for parole. 

Are You or a Loved One Serving a Sentence of Life Imprisonment without Parole for Second Degree Murder?

                  The Supreme Court did not address whether or not its ruling applied retroactively, but the logic if the opinion suggests that it does.  If you or a loved one are serving a sentence of life imprisonment without parole for second degree murder, you may have a limited time to initiate a PCRA claim to obtain a new sentencing.  The attorneys at Schatz and Stancu are experienced with PCRA claims and Constitutional issues and can help you prepare a case to seek resentencing.