Pennsylvania lawmakers recessed Sunday without fixing the commonwealth’s unconstitutional sentencing scheme for second-degree murder, making it increasingly likely they will miss a deadline set by the state Supreme Court and leave the issue in limbo.A killing is considered second-degree murder if it occurs during the course of a violent felony, including robbery, rape, or arson. Someone can be found guilty of the crime if they participated in the underlying felony, even if their actions didn’t lead directly to another person’s death.Because of this, a person in Pennsylvania who served as a getaway driver during a botched robbery, or caused an injury that later led to death, currently receives the same sentence as someone who knowingly plotted and carried out a killing.However, in March the Pennsylvania Supreme Court ruled in Commonwealth v. Lee that mandatory life without parole for second-degree murder is unnecessarily cruel under the state constitution.The court gave lawmakers until July 24 to rewrite the sentencing laws.
“While we have a clear obligation to ensure that constitutional bounds are not crossed, we may not act as legislators, who are best positioned to effectuate penal reform,” wrote Chief Justice Debra Todd for the majority.They also declined to make the ruling retroactive, leaving it up to the legislature to decide whether people already serving life sentences for second-degree murder convictions should be up for parole.
