{"id":375957,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-capital-punishment-laws.html"},"modified":"2024-12-04T13:10:53","modified_gmt":"2024-12-04T18:10:53","slug":"pennsylvania-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-capital-punishment-laws.html","title":{"rendered":"Pennsylvania Capital Punishment Laws"},"content":{"rendered":"\n
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Pennsylvania Capital Punishment Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Capital punishment is more commonly called the death penalty. It is for the most serious murder charges. It’s a polarizing legal issue with a long and controversial history. Each state makes its own laws on the sentence.<\/p>\r\n

Pennsylvania allows capital punishment<\/a> for the most serious crimes. The state uses lethal injection for its executions. But an inmate can request electrocution.<\/p>\r\n

Pennsylvania’s History With the Death Penalty<\/b><\/h2>\r\n

Pennsylvania’s death penalty history spans several centuries. The state first enacted capital punishment in 1682<\/a>. There were executions by hanging. In the late 19th century, Pennsylvania adopted electrocution as its method of execution. This continued until 1995 when lethal injection began.<\/p>\r\n

The state has seen many debates over the death penalty. The Pennsylvania Supreme Court<\/a> has played a crucial role in shaping and interpreting the state’s death penalty laws. This affects its application and legal standards. Despite a moratorium on executions<\/a> declared by Gov. Tom Wolf in 2015, Pennsylvania remains a state with an active death penalty statute.<\/p>\r\n

Pennsylvania’s Laws: Chart<\/b><\/h2>\r\n

The basics of capital punishment laws in Pennsylvania are in the table below. See FindLaw’s Death Penalty<\/a> section for more related articles.<\/p>\r\n\r\n
Code section<\/th>\r\nTit. 18 \u00a71102<\/a>; Tit. 42 \u00a79711<\/a>

 <\/p>\r\n<\/th>\r\n<\/tr>

Is capital punishment allowed<\/th>\r\n

Yes<\/p>\r\n<\/td>\r\n<\/tr>

Effect of defendant’s incapacity<\/th>\r\n

It is a mitigating circumstance if the defendant was under the influence of extreme mental or emotional disturbance or the capacity of the defendant was substantially impaired.<\/p>\r\n<\/td>\r\n<\/tr>

Minimum age<\/th>\r\n

No minimum age, but the court considers the defendant’s age at the time of the crime.<\/p>\r\n<\/td>\r\n<\/tr>

Available for crimes other than homicide<\/th>\r\n

None<\/p>\r\n<\/td>\r\n<\/tr>

Definition of capital homicide<\/th>\r\n

Capital homicide involves first-degree murder with aggravating factors, including the killing of law enforcement officials, judges, or public servants while performing their duties; any victim in judicial or law enforcement roles; and murders committed for payment, during a hostage situation, or to prevent testimony. It also covers killings that happen during the commission of a felony, such as an aircraft hijacking, or involving significant violence or torture. Other aggravating factors include perpetrators with a history of felony convictions, previous life sentences, or murders of victims under 12 or in late pregnancy.<\/p>\r\n<\/td>\r\n<\/tr>

Method of execution<\/th>\r\n

Lethal injection<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are constantly changing \u2014 please contact a Pennsylvania criminal defense attorney or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

Pennsylvania’s Death Row<\/b><\/h2>\r\n

Pennsylvania has the seventh largest death row in the United States. Pennsylvania’s death row, managed by the Department of Corrections<\/a>, houses 129 inmates who have a death sentence under the state’s capital punishment laws.<\/p>\r\n

The state’s approach to death penalty cases has been significantly influenced by legal and political dynamics. This includes Gov. Josh Shapiro’s announcement<\/a> of a review of capital cases. Shapiro’s administration, alongside the judiciary and lawmakers, including state senate Democrats like Chris Rabb, has been scrutinizing the fairness and efficacy of the justice system in handling these cases. Exonerations<\/a> and ongoing debates have fueled discussions about potential reforms. In 2023, a Pennsylvania house committee passed the Death Penalty Repeal Act<\/a>. This bill is a first step toward doing away with the death penalty in the state.<\/p>\r\n

Get Professional Legal Help With Your Pennsylvania Criminal Case<\/b><\/h2>\r\n

Capital punishment is the most serious punishment one can face under the law. If you’re facing a capital sentence in Pennsylvania, now is the time to act. But whatever the criminal charge, you’re always better off with professional legal counsel. Get expert legal advice from a skilled Pennsylvania criminal defense attorney<\/a> today.<\/p>\r\n

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