Ending “Felony Murder” in Pennsylvania
Approximately 1,100 people in Pennsylvania have been convicted of second-degree/felony murder. This may sound like a charge reserved for brutal, planned homicides. In fact, it can be brought whenever a death occurs as a result of a felony—even if the person charged did not cause or even know of the death.
For example, a getaway car driver for a robbery can be charged with felony murder if one of the robbers kills someone, even if that death was unplanned or accidental, and the driver took no part in the robbery. This was the situation that led to a felony murder conviction for our executive director, Saleem Holbrook, when he was a mere teenager.
The inexact nature of this charge provides yet another point for racism and bias to shape the carceral system. Black and Latino people are twelve times more likely to be convicted of felony murder.
PA’s felony murder law makes no sense.
Currently, second-degree murder/felony murder in PA carries a mandatory sentence of life without the possibility of parole—death by incarceration (DBI). There are no other sentencing options and judges are not allowed to consider mitigating circumstances nor the growth of an individual over the course of their incarceration.
Worse, those charged with felony murder who never killed anyone can wind up with DBI sentences while those who committed the homicide are able to plea down to a lighter sentence.
PA is an extreme outlier as we are only one of two states in the country that sentences felony murder in this manner. We are out of step with all of our neighboring states, whose minimum sentencing for felony murder ranges from 10-25 years.
The law must be changed.
Straight Ahead supports House Bill 443, which eliminates mandatory death-by-incarceration sentencing for felony murder/second-degree murder and also allows parole eligibility for those currently serving felony murder sentences inside prison after 25 years.
Human beings are capable of change, and people condemned to die behind bars should have the opportunity to show that growth. They would still have to go through a lengthy parole process that would determine whether they are ready to reenter society.
Hundreds of them are ready and hoping for that chance. Hundreds who were sentenced to DBI as children but were released due to sentencing law changes are now out in our communities, doing good work, with a near-zero recidivism rate. They prove what is possible, and what is necessary for true justice to be served.
Help end felony murder sentencing.
Join the growing Pennsylvania decarceration movement for healing and redemption.