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House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | December 27, 2022 03:59 PM |
|---|---|
| From: | Representative Timothy R. Bonner |
| To: | All House members |
| Subject: | Death Penalty Amendment |
| Please join me in sponsoring legislation that will make an important change to Pennsylvania's death penalty statute and ensure that the Commonwealth meets the highest burden of proof under the law before a jury would vote to impose the death penalty. The death penalty is only considered by a jury after it has found the individual guilty of murder in the first degree which requires specific intent to kill someone. In a subsequent hearing before the same jury that found the accused guilty of murder in the first degree, the jury then decides whether to impose a life sentence in prison or 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, 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 which then results in the imposition of the death penalty. 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 outweighing the mitigating circumstances for the death penalty to be imposed by the jury. 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 to prove guilt. 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 also 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 in the decision-making process 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 this adjustment to our current statute would help 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 HB751