\n\t\t\t\t\t\t Mandatory sentences for second-degree murder may no longer be constitutional in Pennsylvania, but some attorneys say the state\u2019s highest court hasn\u2019t given much clarity for nearly 1,100 people already serving those punishments.Court ruling forces legislative actionCory Fahnestock, an attorney with the McShane Group, said they\u2019re left wondering what\u2019s going to happen next, with no mechanism currently in place to handle those cases.”They’re left in the air of, ‘What’s going to happen to me next?’ There’s no mechanism to handle those,” Fahnestock said.Retroactivity remains unresolvedCory Miller, also an attorney, said the question of retroactivity is not automatic for those already serving sentences for second-degree murder.”The question of retroactivity is not automatic,” he said.Proposed bill would allow parole eligibilityHouse Judiciary Committee Chairman Tim Briggs has a bill that would propose an opportunity for parole for second-degree murder if someone has served 25 years of their sentence.But he acknowledges more conversations need to be had, especially about what to do with those already serving a life sentence.”How do we not? It’s unconstitutional,” Briggs said. “How are they going to continue serving those sentences? They need an opportunity to make their case, have their culpability reviewed.”Briggs\u2019 Republican counterpart agreed that more time is needed to discuss the issue.Bipartisan agreement on need for more discussionRep. Rob Kauffman said, “We can have a comprehensive solution that addresses the concerns of the victims, but also attempts to being compassionate, looking forward for those who really weren’t involved in these crimes.”As the deadline approaches, lawmakers face pressure to create a sentencing structure that complies with the court ruling while balancing public safety, fairness and the interests of victims\u2019 families.\n\t\t\t\t\t<\/p>\n
\t\t\t\t\t\tHARRISBURG, Pa. \u2014 \t\t\t\t\t\t\t\t\t\t\t\t\t<\/p>\n
Mandatory sentences for second-degree murder may no longer be constitutional in Pennsylvania, but some attorneys say the state\u2019s highest court hasn\u2019t given much clarity for nearly 1,100 people already serving those punishments.<\/p>\n
Court ruling forces legislative action<\/p>\n
Cory Fahnestock, an attorney with the McShane Group, said they\u2019re left wondering what\u2019s going to happen next, with no mechanism currently in place to handle those cases.<\/p>\n
“They’re left in the air of, ‘What’s going to happen to me next?’ There’s no mechanism to handle those,” Fahnestock said.<\/p>\n
Retroactivity remains unresolved<\/p>\n
Cory Miller, also an attorney, said the question of retroactivity is not automatic for those already serving sentences for second-degree murder.<\/p>\n
“The question of retroactivity is not automatic,” he said.<\/p>\n
Proposed bill would allow parole eligibility<\/p>\n
House Judiciary Committee Chairman Tim Briggs has a bill that would propose an opportunity for parole for second-degree murder if someone has served 25 years of their sentence.<\/p>\n
But he acknowledges more conversations need to be had, especially about what to do with those already serving a life sentence.<\/p>\n
“How do we not? It’s unconstitutional,” Briggs said. “How are they going to continue serving those sentences? They need an opportunity to make their case, have their culpability reviewed.”<\/p>\n
Briggs\u2019 Republican counterpart agreed that more time is needed to discuss the issue.<\/p>\n
Bipartisan agreement on need for more discussion<\/p>\n
Rep. Rob Kauffman said, “We can have a comprehensive solution that addresses the concerns of the victims, but also attempts to being compassionate, looking forward for those who really weren’t involved in these crimes.”<\/p>\n
As the deadline approaches, lawmakers face pressure to create a sentencing structure that complies with the court ruling while balancing public safety, fairness and the interests of victims\u2019 families.<\/p>\n","protected":false},"excerpt":{"rendered":"Mandatory sentences for second-degree murder may no longer be constitutional in Pennsylvania, but some attorneys say the state\u2019s…\n","protected":false},"author":2,"featured_media":161927,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[4737,529,3643,449,7612,73088,68120,73089,2921,12207,425,28,30,9318,20037,29,9800,73087,73086,26528,5018,56697,890],"class_list":{"0":"post-161926","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-pennsylvania","8":"tag-attorney","9":"tag-bill","10":"tag-case","11":"tag-court","12":"tag-deadline","13":"tag-mandatory-life-sentence","14":"tag-mandatory-life-sentences","15":"tag-more-discussionrep","16":"tag-opportunity","17":"tag-pa-lawmaker","18":"tag-parole","19":"tag-pennsylvania","20":"tag-pennsylvania-headlines","21":"tag-pennsylvania-lawmaker","22":"tag-pennsylvania-lawmakers","23":"tag-pennsylvania-news","24":"tag-question","25":"tag-retroactivity","26":"tag-rewrite-sentencing-law","27":"tag-second-degree-murder","28":"tag-supreme-court","29":"tag-supreme-court-ruling","30":"tag-victim"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/161926","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/comments?post=161926"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/161926\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media\/161927"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media?parent=161926"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/categories?post=161926"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/tags?post=161926"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}