timesyours

timesyours t1_j9whktd wrote

Semantics, but PA does allow life without parole for juvenile murderers, it just can’t be a mandatory sentence. (This is federal constitutional law ever since the 2012 SCOTUS decision Miller v Alabama).

If 15 to 18 years old at time of murder - life without parole OR 35 years to life (i.e. chance of parole after 35 years)

If 14 years old or younger at time of murder - life without parole OR 25 years to life.

PA had to change these statutes after Miller to add the 25+/35+ options to replace mandatory LWOP.

(This is all in 18 Pa Section 1102.1(a).)

The statute also has a list of factors which the judge would need to consider on the record prior to imposing a LWOP sentence on a juvenile.

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timesyours t1_j9we3vy wrote

PA Criminal defense lawyer here. u/muffpatty is correct and u/mehndeke is slightly off.

The max for an F1 is 20 years (or 10-20 under the min/max rule). 18 Pa. Section 1103

The max for murder 3 is 40 years (or 20-40 under the min-max rule). 18 Pa. Section 1102(d)

If you’re convicted of an F1 you could only be sentenced to more than 20 years if its stacked consecutively with something else. But murder is not an F1, it’s in a category of its own in PA.

ETA: there are also exceptions under the mandatory minimum sentences for 2nd and 3rd strikes for repeat violent convictions. Strike 3 has a 25 year mandatory minimum

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timesyours t1_iu1mi7l wrote

There's no indication that the Sheriff's Deputy acquired them "as evidence." If they had the gun, the evidence would be in possession of either the Philadelphia Police, FBI, US Attorney, or Philadelphia District Attorney. It appears the Deputy acquired the gun through other (criminal) means, and then they were able to trace it back to the shooting after the fact, once it was in the undercover agent's possession.

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