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GUEST COLUMN |
FOR IMMEDIATE RELEASE |
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State
Rep. Matt Smith |
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Pa.'s first-degree murder sentencing ought to consider victim's age, disability
By state Rep. Matt Smith
Pennsylvania's first-degree murder law allows families of murder victims to address juries during murder sentencing procedures only when the crime includes a select group of aggravating circumstances.
I've reintroduced legislation (H.B. 907) that would amend Pennsylvania's sentencing law by adding two more conditions to the current list of aggravating circumstances in first-degree murder cases: if the victim is over 60, or if the victim has a disability.
This simple addition to the list of aggravating circumstances would offer victims' families the right to address the jury and help persuade jury members to support an appropriate punishment for victimizing someone who was elderly or who had a disability.
While my proposal would help protect more than 2.5 million Pennsylvanians who are 60 or older, including more than a quarter of a million people in Allegheny County, if made law, it was inspired by the victimization of just one 78-year-old disabled woman in Upper St. Clair. As was widely reported in 2003, the woman was brutally murdered by a landscaper looking to steal cash in her home.
This particular murderer was ultimately convicted and sentenced to death a year ago, but the woman's family was unable to address the jury during the trial to plead for a punishment that fit the crime. Although justice was served in this case, I believe it may be the exception to the rule. Because the state's first-degree murder law is lacking, a murderer stands a chance of receiving a lighter sentence for victimizing the elderly or the disabled in other cases.
My legislation must first be approved by the House Judiciary Committee before it can be voted on by the full House of Representatives, but I remain optimistic that my colleagues will support its intent.
My proposal again has bipartisan support and the support of the two people that helped develop the legislation in response to the Upper St. Clair murder: Allegheny County District Attorney Stephen Zappala and Deputy District Attorney Mark Tranquilli.
State Rep. Matt Smith (www.pahouse.com/MSmith) represents the 42nd Legislative District.
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