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Pennsylvania's Supreme Court has ruled that mandatory life sentences without the possibility of parole for people convicted of second-degree murder are unconstitutional — a landmark decision that could reshape the futures of more than 1,000 people currently locked away for life.
The ruling, handed down Thursday (March 26), stems from the case of Derek Lee, a 36-year-old Allegheny County man convicted of second-degree murder in a deadly 2014 Pittsburgh home invasion. According to Spotlight PA, Lee and an accomplice forced victims into a basement during an armed robbery, where Lee pistol-whipped one of them before his co-defendant, Paul Durham, shot and killed 44-year-old Leonard Butler during a struggle over a gun. A jury convicted Lee of second-degree murder but acquitted him of first-degree murder.
Under Pennsylvania law, anyone convicted of second-degree murder — a charge that applies when a person takes part in a felony that leads to another person's death — automatically received a life sentence with no chance of parole. That is now over.
As reported by WHYY, Pennsylvania Supreme Court Chief Justice Debra Todd wrote in the majority opinion that the mandatory sentencing scheme "fails to assess individual culpability regarding the intent to kill, and mandates the same punishment regardless of that culpability." She wrote that the law failed to distinguish "between the lookout, and the killer who pulls the trigger."
"We determine 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 the 'cruel punishments' clause of our Commonwealth's organic charter," Todd wrote.
The ruling was unanimous in part, with Justice Kevin Brobson dissenting in part. Justice Kevin Dougherty also noted in a separate opinion that, unlike those convicted of first-degree murder, people serving life for second-degree murder have "never been found by a judge or jury to have harbored the specific intent to kill."
The court put its ruling on hold for 120 days to give the state legislature time to respond with new laws. According to 6ABC, the justices did not address whether the ruling should apply retroactively to those already serving life sentences — leaving that decision to lawmakers.
Going forward, judges must look at the specific role and responsibility of each defendant before handing down a sentence, which could still include life without parole in certain cases. Justice Sallie Mundy noted that Lee "willingly participated in an armed home invasion and robbery" and that it will be up to a county judge to determine whether a life sentence is appropriate in his specific case.
The decision only remands Lee's case back to the Court of Common Pleas in Allegheny County for resentencing.
Attorney Quinn Cozzens of the Abolitionist Law Center, who helped represent Lee, urged lawmakers to act quickly. If the legislature lifts the prohibition on parole for second-degree murder convictions, Cozzens said, "that would apply to anyone who has already been sentenced, anyone who will be sentenced in the future, and would really alleviate a huge burden on the courts, defense attorneys, people serving these sentences."
A bipartisan bill sponsored by Sen. Sharif Street (D., Philadelphia) is already moving through the state Senate. The bill would allow the parole board to consider someone convicted of second-degree murder for release after 25 years. Street said the current law produces unjust outcomes.
"I've been advocating that we do this because the result of our legal system is there are people who were not the actual shooter who end up serving life in prison when the actual shooter did not," Street said. "It's inconsistent with people's understanding of how justice should work."
State Rep. Tim Briggs, a suburban Philadelphia Democrat who chairs the House Judiciary Committee, said he plans to work with Senate Republicans on legislation, and wants the decision to apply retroactively. "I think inaction leaves a lot of this up to the courts to decide," Briggs said. "I don't feel comfortable doing that."
The Pennsylvania District Attorneys Association said the 120-day pause "allows prosecutors to consider the difficult conversations that they will need to have with victims' families about the unique circumstances of each case."
Todd's opinion noted that 73% of those convicted of felony murder in Pennsylvania were 25 or younger when the crime occurred, and nearly 70% are Black people. Pennsylvania and Louisiana are the only two states that still require a mandatory life sentence for second-degree murder convictions.
Governor Josh Shapiro celebrated the ruling and called on the state legislature to "come up with a thoughtful, just process to address those who are serving life sentences for second degree murder."
If lawmakers fail to act within the 120-day window, Cozzens warned that it would open the door to a flood of appeals and likely force the Pennsylvania Supreme Court to weigh in again on whether the ruling applies retroactively.