Bert Hudson v. Pennsylvania Board of Probation and Parole
AdministrativeLaw DueProcess Punishment Patent
Whether Pennsylvania's sentencing statutes for second-degree murder, which provide for a mandatory maximum sentence of life imprisonment with a required individualized minimum sentence and the right to parole reviews, violate the Eighth Amendment's prohibition on cruel and unusual punishment as interpreted in Furman v. Georgia.
QUESTION PRESENTED After being rebuked. for forbidden cruelty by this Court's own landmark 1972 Furman decision, Pennsylvania's sentencing statutes enacted in response to that have quite unambiguously provided for a mandatory maximum sentence of life imprisonment WITH a required individualized minimum sentence WITH the right to parole reviews for cases of second degree murder. (