The Requirement of Death: Mandatory Language in the Pennsylvania Death Penalty Statute

56 Pages Posted: 23 Sep 2011

See all articles by Bruce Ledewitz

Bruce Ledewitz

Duquesne University - School of Law

Date Written: Fall 1982

Abstract

American death penalty statutes in the post-Gregg v. Georgia era can be divided into two types, mandatory and permissive. All American death penalty statutes guide the sentencer’s discretion in various ways. But upon the satisfaction of the conditions for imposing the death penalty the sentence in some states is required to return a sentence of death, whereas in other states the sentence is always permitted to return a sentence of life imprisonment. This article compares mandatory and permissive approaches and examines the constitutionality of one mandatory death penalty statute, that of Pennsylvania. For purposes of comparison, this article will also refer to the George death penalty statute, the death penalty sentencing system most often considered by the United States Supreme Court.

Keywords: death penalty statutes, mandatory sentencing

Suggested Citation

Ledewitz, Bruce, The Requirement of Death: Mandatory Language in the Pennsylvania Death Penalty Statute (Fall 1982). Duquesne University School of Law Research Paper No. 2011-16. Available at SSRN: https://ssrn.com/abstract=1932291 or http://dx.doi.org/10.2139/ssrn.1932291

Bruce Ledewitz (Contact Author)

Duquesne University - School of Law ( email )

600 Forbes Avenue
Pittsburgh, PA 15282
United States

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