(Editor’s note: The information in this special series is for educational purposes only and is not intended to address any particular case, nor should any articles be taken as legal advice. Always consult with an attorney on any legal matter.)
Every time there is a death in the county that occurred at the hands of another person, the police and I have to determine what category of homicide the death fits in. Different categories include homicide by vehicle while DUI, first-degree murder and involuntary manslaughter, to name a few. The penalty depends primarily on whether death was the intended result of the offender’s actions.
Many people assume that the death penalty can automatically be imposed as a sentence for causing the death of another person. That is not the case. The death penalty is limited to first-degree murder cases that fit in one of 18 categories the legislature has identified as being the type of murder that should result in death.
First-degree murder is different from all other types of homicide in Pennsylvania and is defined as a killing done by poison, lying in wait or by any other kind of willful, deliberate and premeditated killing. People commonly refer to first-degree murder vs premeditated murder and that is a good way to think of it – it requires contemplation and deliberateness.
Sentencing for first-degree murder is either life in prison or the death penalty.
For an offender convicted of first-degree murder to receive the death penalty, the district attorney has to determine if the facts of the murder fit into a category that the legislature calls “aggravated circumstances” that allow for a death sentence to be imposed. A few examples of these are when the victim is a firefighter or police officer, whether the offender was paid for the killing and whether torture was used.
If it is determined that the intentional killing involved one of the aggravating circumstances, the district attorney gives notice of the intention to seek the death penalty.
If the person is then convicted of first-degree murder, the jury has to decide the sentence – whether that is death or life in prison.
At the sentencing hearing, the district attorney can present evidence on the factors above to support the death penalty. The defense can present evidence seeking to avoid the death penalty. The evidence presented by the defense is called “mitigating circumstances” that include a showing that the offender has no significant history of prior criminal convictions or that the defendant was under the influence of extreme mental or emotional disturbance, as a few examples.
The jury has to unanimously agree that at least one aggravating circumstance exists and no mitigating circumstances exist for the death penalty to be imposed. Otherwise, the sentence for the first-degree murder must be life in prison.
The death penalty is reserved for only the deaths that were intentionally caused by a defendant and only when one of the aggravating circumstances is unanimously found by a jury.
In such cases, the Pennsylvania Supreme Court automatically reviews the case.
For cases where a victim unintentionally dies as a result of an offender’s actions, the sentence is imposed by the judge based on the sentencing guidelines determined by our legislature. A few examples of this would be when the death occurred as a result of an offender’s reckless driving or driving while impaired.
