What is life imprisonment really mean?
Do you recall teachers encouraging students to ask questions by telling them, “There are no stupid questions.” Well, I have a question.
In Section 14 of Article I, our Pennsylvania Constitution states “life imprisonment” is a “maximum sentence.” So, is life imprisonment a maximum sentence? According to our courts, you’re wrong, I’m wrong, and our constitution is wrong.
While our sentencing laws do have some special “without parole” provisions for certain murders, most lifers were to receive a maximum sentence of life imprisonment with the possibility of parole. This is what our laws mandate. Like other prisoners, lifers were to have a minimum sentence imposed not exceeding one-half of their maximum sentence of life. Depending on the case, this could have been anything up to around 35 or 40 years to life since folks generally live to be around 70 or 80.
However, in an effort to deny all lifers parole eligibility when our laws only deny parole to some, Pennsylvania courts ruled our sentencing laws and Constitution are so ambiguous they can be interpreted to mean life imprisonment is a minimum sentence. To that, I say, “Poppycock!”
Our Constitution and laws on life imprisonment being a maximum sentence are as clear and concise as a speed limit sign that says 55 mph. Now, if anyone thinks a 55 mph speed limit sign is ambiguous and subject to various Interpretations, let them go 100 mph down that road and then try explaining their position to the State Trooper who pulls them over.
When our courts try to say life imprisonment is a minimum sentence, they are in the untenable posit ion of that speeding motorist. Life imprisonment is a minimum sentence. Except for some “without parole” cases, a maximum sentence must be accompanied by a minimum sentence with the possibility of parole.
That’s the law. It’s just that simple.
Either we have the rule or we don’t. We will either obey our laws or we won’t. If anyone doesn’t like our laws, they can take that up with our General Assembly. That’s why we have lawmakers.
But, as Judge Judy would say, “Don’t pee on my leg and tell me it’s raining!”
Bert Hudson
Waynesburg