PA Weighs Change To Death Penalty Law

PENNSYLVANIA — New legislation has been introduced that would significantly increase the burden of proof required for the death penalty to be imposed in Pennsylvania. Specifically, the legislation would require that "beyond a reasonable doubt" be the standard by which a jury imposes the death penalty.

The current law's language states that the decision be made by the "by the preponderance of the evidence."

"The Commonwealth should be required to prove that the aggravating circumstances outweigh the mitigating circumstances beyond a reasonable doubt," State Rep. Timothy Bonner, the bill's sponsor, wrote in a co-sponsorship memorandum. "'Beyond a reasonable doubt' is the standard burden of proof that the Commonwealth always has in a criminal case to prove guilt."

Only three people have been executed in Pennsylvania since 1976, when it was codified on the federal level. The last inmate execution was all the way back in 1999.

Juries only consider the death penalty after a first degree murder conviction. In order to impose it, juries must determine that the aggravating factors outweigh the mitigating factors.

Beyond a reasonable doubt "should be the burden of proof in the decision of the jury as to the imposition of the death penalty for purposes of consistency in the jury instructions and fairness in the decision-making process before the Commonwealth may take someone’s life."

There has been discussion about banning the death penalty outright in Pennsylvania.

The death penalty has been a fundamental issue at the center of the national discourse for decades, as leaders from across society have held forth on both sides of the moral and practical debate. It has been outlawed in 20 states.

Supporters of the repeal argue that the death penalty is not a deterrent to murder, and that the lack of closure involved with a murderer being on death row for many years through the appeals process is more harmful to victims' families than a life sentence without parole.

"From a victim's standpoint, it would give you great peace to know that the actual person that harmed you or your family was actually being held accountable, versus someone who did not do those things," State Sen. Katie Muth (D-44) said when legislation to ban the death penalty was recently introduced in 2019.

Opponents argue that for certain heinous crimes, such as killing law enforcement officers, the only appropriate punishment in death.

Gov. Tom Wolf placed a moratorium on executions during his tenure. It's unclear if Governor-elect Josh Shapiro will continue that mandate.