Mandatory life sentences for second-degree murder are unconstitutional, Pa. Supreme Court rules

Chris Palmer, The Philadelphia Inquirer on Mar 26, 2026

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PHILADELPHIA — The Pennsylvania Supreme Court on Thursday ruled that mandatory life sentences for second-degree murder are unconstitutional — a significant decision that is likely to re-shape a portion of state law that many criminal justice advocates and some public officials have long targeted for reform.

In an opinion released Thursday morning, Chief Justice Debra Todd said the law mandating a life sentence for anyone convicted of so-called felony murder violated the Pennsylvania Constitution’s protections against cruel punishments.

State law mandates an automatic life sentence for anyone convicted of participating in a felony — such as a robbery — that results in death even if the person didn’t commit the killing or intend for anyone to die. More than 1,100 people are serving that penalty in Pennsylvania, which is one of only two states in the nation to mandate incarceration for life for such a crime.

But Todd, writing for the majority, said that law “fails to assess individual culpability regarding the intent to kill, and mandates the same punishment regardless of that culpability.”

And although the justices said life sentences may be appropriate in some felony murder cases, it was unlawful to mandate the penalty in every one.

“Ultimately, we find that the mandatory sentencing scheme for second-degree murder poses too great a risk of disproportionate punishment, and, thus, find it to be cruel,” Todd wrote.

The impact of the decision — and how it might affect the sentences of people already serving such sentences — was not immediately clear. The justices paused their ruling for 120 days to allow the state legislature time to address the issue and revise the state’s laws.

Gov. Josh Shapiro praised the decision on social media, saying he has “long believed this law is unjust and wrong.”

“Common sense and true justice dictate that we need different penalties for different conduct,” Shapiro said. “For example, the getaway driver shouldn’t get the same sentence as the person who pulls the trigger.”