Session: 2023-2024
ACLU-PA Position: Supports
The death penalty is only considered by a jury after it has found a defendant guilty of murder in the first degree. After a conviction for first-degree murder, the same jury then decides whether to impose a life sentence or the death penalty. In making this decision, juries consider outside factors that could make them more or less inclined to impose the death penalty.
Once a jury hears all of the evidence on one or more aggravating factors presented by the Commonwealth and all mitigating factors presented by the defendant, current law requires the jury to return a verdict of life in prison unless the jury unanimously finds by a preponderance of the evidence that the aggravating factors outweigh the mitigating factors in order to impose the death penalty. A 'preponderance of the evidence' only requires a slight shifting of the scales of justice before someone is sentenced to death.
HB 751 (PN 700) would amend PA's death penalty statute to require that the state prove beyond a reasonable doubt that the aggravating circumstances of a case outweigh any mitigating factors before someone can be sentenced to death—a higher burden of proof than the current requirement of a preponderance of the evidence.
'Beyond a reasonable doubt' is the burden of proof instruction given by the judge to the jury for deciding whether the accused is guilty or not guilty of the murder charge. Applying the same burden of proof to decide whether someone is executed establishes consistency in the jury instructions and fairness in the decision-making process. The Commonwealth should not take someone’s life unless there is no reasonable doubt in the decision of the jury that the aggravating factors outweigh the mitigating factors.
As such, HB 751 would ensure that the Commonwealth meets the highest burden of proof under the law before a jury would vote to impose the death penalty.
Check the bill's status here.
