The Pennsylvania Supreme Court announced that it will hear an appeal from Derek Lee, a man convicted of second-degree murder, who is challenging the state’s law requiring mandatory life prison sentences for those found guilty of the offense. Notably, Lee’s conviction does not involve direct intent to kill. Indeed, this case is set to test the boundaries of sentencing in instances of secondary involvement in the crime.
The appeal focuses on potential violations of Article I §13 of the Pennsylvania Constitution and the Eighth Amendment of the US Constitution. The former disallows “cruel punishments,” while the Eighth Amendment prohibits “cruel and unusual punishments.”
Quinn Cozzens, a staff attorney with the Abolitionist Law Center, expressed hope regarding this appeal, explaining it could help begin mitigating the harm caused by excessive sentencing practices. Further, he highlighted the need for Pennsylvania to reconsider the approach to felony murder sentencing in line with practices in other states and countries.
Lee was convicted in 2014 for his participation in a robbery that led to a death. Despite not directly killing the individual, Lee was convicted under felony murder law, which holds individuals responsible for any deaths that occur during the commission of another felony. Lee sought appeal from the Supreme Court of Pennsylvania following upholding of his sentence by the Superior Court of Pennsylvania in 2023.
Mandatory sentencing in the US has been a subject of significant debate, particularly given the expanding prison population. In fiscal year 2022, approximately 29.6 percent of all federal criminal cases incorporated mandatory minimum sentencing. These laws have provoked discussions on racial disparity, considering the disproportionate representation of Black and Hispanic individuals sentenced under mandatory minimum policies.