In a landmark (or “first-of-its-kind”) decision handed down two weeks ago, March 26, the Pennsylvania Supreme Court held that the sentence of “Life Without Parole” (LWOP) violated Pennsylvania’s Constitutional protection against Cruel Punishments.  In Commonwealth v Lee, 2026 WL 855614, (Pa. 2026) the Defendant received a LWOP sentence in a 2nd Degree Murder conviction, involving the application of Pennsylvania’s Felony Murder doctrine.  The high Court reversed and remanded for sentencing, but stayed its decision for 120 days to allow the Pennsylvania Legislature the opportunity to consider corrective legislation.  The Court’s decision does not rely upon the 8th Amendment of the U.S. Constitution which protects against, “”cruel and unusual punishments.” Rather, the Court relies upon Pennsylvania’s constitutional protection against “Cruel Punishments.” The Court explained, “We find a distinct background for the two constitutional provisions, supporting an interpretation of [our constitution] which provides greater protections for Pennsylvania citizens against cruel punishment.”

It has been recently reported in Dakota News Now that only 10 states, including South Dakota, still retain LWOP as a sentencing option. (see South Dakota one of ten states to still have life without parole.)

Recent research on Westlaw, a primary research engine for lawyers and judges, indicates that South Dakota remains the only state in the country which permits a LWOP sentence for Manslaughter. The Pennsylvania case involved sentencing on a 2^nd degree Murder conviction, not the lesser offense of Manslaughter.

Content from the Dakota News Now article suggests that the Pennsylvania decision may cause other states to review their approach to LWOP sentencing. See South Dakota one of ten states to still have life without parole, stating “Looking at the South Dakota Department of Corrections’ statistical report, there are 104 inmates aged 55 plus serving a life sentence in South Dakota. Based on the average cost of an inmate per day, the cost to incarcerate this group of offenders is $3.5 million annually.”

Readers interested in seeing a copy of the Pennsylvania Supreme Court decision may secure a copy by sending an e-mail request to rogermbaron@gmail.com .