Pennsylvania is one of seven states and DC where women who kill their abusers may be sentenced to life without the possibility of parole, except in the rare case of a gubernatorial pardon.
All life sentences in Pennsylvania are imposed without the possibility of parole.
Senate Bill 942, sponsored by Senator Sharif Street (D-Philadelphia) would permit people sentenced to life in prison to present their case to the Pennsylvania Parole Board after 15 years of imprisonment.
Many people serving life sentences have already endured very long sentences and harsh punishment.
The failure of our justice system to permit these sentences to be reviewed in light of our developing understanding of domestic and sexual violence is a continuing injustice.
The Women’s Law Project endorses SB 942.
Incarcerating (More) Women in Pennsylvania
The number of incarcerated women increased by more than 700% between 1980 and 2016. The female prison population stands nearly eight times higher than in 1980.
As of 2017, 2,857 women are incarcerated in Pennsylvania. Of that population, approximately 208 women are serving life sentences without the possibility of parole.
Who are these women?
Many of the women serving life without parole in Pennsylvania committed their crimes in response to coercion or abuse that went unrecognized by our criminal justice system, according to the Philadelphia-based nonprofit organization National Clearinghouse for the Defense of Battered Women.
Research consistently shows that the overwhelming majority of incarcerated women have experienced domestic and/or sexual abuse.
Surviving Domestic Violence – Then Incarcerated
Artist: Mary DeWitt
Victims of abuse, having responded to life-threatening violence from their abusers are charged with crimes resulting from this victimization, are vigorously prosecuted by the same criminal justice system that often ignored their pleas for assistance prior to the incident.
While our understanding of domestic violence, sometimes called intimate partner violence, has deepened over the past 30 years, myths and misconceptions about interpersonal violence and abusive relationships still pervade the public imagination and our criminal justice system.
On one hand, people ask why victims of domestic violence “don’t fight back.” Many victims don’t have the financial resources to leave the home. Others are trapped in cycles of psychological manipulation.
Victims who wind up in court can struggle to get a fair trial due to deeply ingrained myths and misconceptions about domestic abuse.
Jurors are unlikely to know, for example, that abusers typical attempts to exert complete control over their partners include forcing victims to participate in criminal activity. That was the case in Commonwealth v. Markman, a 2003 Pennsylvania death penalty case that was appealed all the way to the Pennsylvania Supreme Court.
In the Markman case, a brutally abused woman was forced by her tormentor to participate in restraining another woman while he strangled the woman to death. The abuse survivor was sentenced to death for participating in the murder. Evidence of the extreme duress she was under, which included days of battering, death threats, rape, and being held at knifepoint, was excluded after the trial judge concluded that Markman had voluntarily set herself up to be coerced by not fleeing from her abuser or calling the police. The Pennsylvania Supreme Court vacated Ms. Markman’s death sentence, finding that the jury should have been instructed on the realities of intimate partner violence and the impact of interpersonal abuse and its effects.
The Women’s Law Project signed on to an amicus (“friend of the court”) brief in the Markman case.
You can read the brief here.
The art featured in this post is by Mary DeWitt, an artist who has created a stunning series of portraits of Pennsylvania women serving life without parole. Some of her artwork is available here. DeWitt’s work is being displayed from Sept 4-28 at Philadelphia Episcopal Cathedral at 23 South 38th Street. Opening reception is Sept 7, 5-7 PM, featuring a talk by Paulette Carrington.
The Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing the rights of women and girls.
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