This article examines the constitutionality of mandatory language in the Pennsylvania death penalty statute. The author asserts that mandatory death penalty statutes represent an attempt to reduce arbitrariness in the imposition of the death penalty. The author concludes, however, that the Pennsylvania statute unconstitutionally restricts the discretion of the sentencer to return a life sentence in a death penalty case.
Bruce S. Ledewitz,
The Requirement of Death: Mandatory Language in the Pennsylvania Death Statute,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol21/iss1/5