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House Co-Sponsorship Memoranda
House of Representatives
Session of 2019 - 2020
Regular Session
MEMORANDUM
| Posted: | June 22, 2020 11:54 AM |
|---|---|
| From: | Representative Timothy R. Bonner |
| To: | All House members |
| Subject: | Death Penalty Amendments |
| Please join me in sponsoring legislation that will make two important changes to Pennsylvania's death penalty statute which will better protect minors and also ensure that the Commonwealth meets the highest burden of proof under the law before the jury would vote to impose the death penalty. The death penalty is only considered by the jury if it has found the individual guilty of murder in the first degree which requires specific intent to kill someone. The death penalty cannot be considered by the jury, even in a first-degree murder case, unless one or more aggravating factors are present. One of the aggravating factors is an individual who intentionally kills a minor who is under the age of 12. I believe all minors, any child under the age of 18, should be equally covered under the act. It is difficult to explain to the parents that it is considered an aggravating factor under the law if a child under age 12 is murdered but not an aggravating factor if a child who is 16 years old is murdered. 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, the law requires the jury to return a verdict of life in prison unless the jury unanimously finds the aggravating factors outweigh the mitigating factors by a preponderance of the evidence. The burden of proof “by the preponderance of the evidence” only requires a slight shifting of the scales of justice in favor of aggravating circumstances for the death penalty to be imposed. The Commonwealth should be required to prove that the aggravating circumstances outweigh the mitigating circumstances beyond a reasonable doubt. “Beyond a reasonable doubt” is the standard burden of proof that the Commonwealth always has in a criminal case. It 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. It 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 before the Commonwealth may take someone’s life. 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. I know that the topic of the death penalty stirs deep feelings and controversy, but these two adjustments to our current statute would cover all minors, who are intentionally killed, while also helping juries understand that the penalty should only be imposed in situations where there is no reasonable doubt in their minds. I hope you will join me in sponsoring this legislation. |
Introduced as HB2933