Emily Robb, Director of Advocacy at the Youth Sentencing & Reentry Project. Courtesy photo The Disproportionate Effect of Felony Murder on Children in Pennsylvania
In Miller v. Alabama, the U.S. Supreme Court recognized that children's brains are still developing and equated that with lessened culpability. Felony murder, which punishes anyone involved in the underlying felony in which someone died, even if unintentional, still punishes children for the very cognitive deficiencies that the Supreme Court identified.
April 15, 2024 at 09:50 AM
8 minute read
NGO and Non-Profit
In Miller v. Alabama, 567 U.S. 460 (2012), the U.S. Supreme Court recognized that children's brains are still developing and equated that with lessened culpability. Felony murder, which punishes anyone involved in the underlying felony in which someone died, even if unintentional, still punishes children for the very cognitive deficiencies that the Supreme Court identified. The research in Pennsylvania, as outlined in a report by Andrea Lindsay, MSW at the Philadelphia Lawyers for Social Equity (PLSE) ("Life Without Parole for Second Degree Murder in Pennsylvania") demonstrates that those with underdeveloped reasoning abilities, i.e., children and young adults, are disproportionately impacted by this law: 51% of people convicted of felony murder are under the age of 25.
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