In a landmark decision today, a Pennsylvania Court decision ruled that mandatory life sentences without parole for second-degree murder, commonly termed felony murder, are unconstitutional under the state constitution.

In Commonwealth vs. Lee, the Pennsylvania Supreme Court found that mandating life without parole for everyone convicted of second-degree murder, regardless of their individual role or intent to kill, violates the state’s prohibition against “cruel punishments”.  The ruling stems from the case of defendant Derek Lee, who was sentenced to life without parole for a 2014 robbery in which his accomplice killed someone while Lee was in another part of the house.

“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,” wrote Pennsylvania Supreme Court Chief Justice Debra Todd for the majority. The outcome ensures that, going forward, people convicted of second-degree murder will receive sentences that consider their individual responsibility in the course of the crime.

Before this ruling, Pennsylvania was one of only two states (Louisiana) that still required automatic life sentences for second-degree murder. Pennsylvania Governor Josh Shapiro and other advocates have urged lawmakers to establish a “thoughtful, just process” for those currently serving these sentences.

This decision potentially affects over 1,100 people currently serving mandatory life sentences for felony murder in Pennsylvania.  The court explicitly did not take a position on whether the ruling should be retroactive, instead leaving such a decision up to the legislature. The legislature could address the issue by lifting the prohibition on parole for people serving a life sentence from a second degree murder conviction, said Quinn Cozzens, an attorney with the Abolitionist Law Center who served as counsel on the case.

A bipartisan bill sponsored by Senator Sharif Street (D-Philadelphia) is currently moving through the state Senate and would provide such a remedy, allowing the parole board to consider someone convicted of second-degree murder for release after 25 years.

“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.”

The Governor’s press office provided a statement about the decision.

Today, Pennsylvania’s Supreme Court ruled that mandatory life sentences without the possibility of parole for second degree murder are unconstitutional.

I have long believed this law is unjust and wrong. As Governor, I took legal action in this case arguing to strike down this sentencing framework.

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

Per the Supreme Court’s order, it is now time for the General Assembly to act and come up with a thoughtful, just process to address those who are serving life sentences for second degree murder.”

There is work to be done in the Pennsylvania State Legislature to get the full impact of this decision brought to fruition, but make no mistake; this is a day to celebrate in the progressive criminal justice reform movement, in Pennsylvania and across the country. Tonight, everyone involved in our movement toward our shared goals gets to enjoy this victory. Tomorrow, we get back to work, with even more momentum behind us.