Author Archives: David R. Eshelman
Strategies for Reducing Underage Drinking
In 2007, the U.S. Surgeon General issued a call to public health organizations to come up with strategies to reduce underage alcohol consumption. Even though the legal drinking age in the United States is 21, binge drinking and alcohol abuse among middle school, high school and college students causes more than 4,300 deaths per year, […]
What Are the Signs of DUID?
Since 2004, Pennsylvania has been training municipal police and state troopers as drug recognition experts (DREs). The signs that may indicate someone is driving under the influence of drugs (DUID) are not always the same signs someone driving inebriated may display. Unfortunately, most law enforcement officers do not get DRE training, and many DUID arrests […]
How Earned Time Programs for Inmates Are Helping Pennsylvania
Earned time is a concept taking shape in many states across the country to achieve important goals within state correctional systems, including: Reducing recidivism Managing growth in prison populations Improving living and working conditions in state prisons Controlling costs of incarceration Maintaining public safety In 2008, Pennsylvania enacted legislation allowing some inmates to shave as […]
Pennsylvania’s Castle Doctrine Allows You to Stand Your Ground
In 2011, Pennsylvania governor Tom Corbett signed legislation amending the commonwealth’s laws of self-defense to strengthen the Castle Doctrine for home invasions and “stand your ground” for altercations in public places. There are many misconceptions about the principle behind “stand your ground,” especially in light of the George Zimmerman/Trayvon Martin case during which the media […]
When Does a Person Lose the Right to Self-Defense?
This is a tricky question. Naturally, a person does not have the right to self-defense when acting unlawfully and threatening harm to an innocent party. A person cannot claim self-defense after robbing another at gunpoint if the victim also pulls out a weapon. However, are there circumstances where a victim who initially has a right […]
How PA Sentencing Reforms Affect Nonviolent, Drug-Addicted Offenders
In July 2012, the Pennsylvania legislature passed Senate Bill 100 to address how the commonwealth correctional system handles nonviolent offenders with drug and alcohol addictions. This was a welcome move away from harsh minimum sentences. The reforms included: Risk assessments guidelines instituted to help courts separate high-risk offenders appropriate for state prison from lower-risk offenders […]
What Are “Reasonable Grounds” to Compel Chemical Testing for DUI in PA?
Pennsylvania has an implied consent law. Anyone who drives on the commonwealth’s roads has already consented to a blood, urine or breath test to determine the driver’s blood alcohol content level or the presence of controlled substances. But that’s only true when reasonable grounds exist. If the police have reasonable grounds to compel a test, […]
Who Has Jurisdiction Over Drug Crimes?
Most criminal offenses, including homicide, DWI/DUI, burglary, and assault and battery, are chargeable under state laws, but who has jurisdiction for certain crimes can be less clear-cut. The fact is that many drug busts are the result of investigative cooperation between federal, state and local law enforcement agencies, including the May 2013 arrest of 25 […]
Balancing the Costs of Incarceration with the Goal of Rehabilitation
The United States seems to go through periods when the government cracks down on crime, arresting people and seeking imposition of jail time for even minor offenses. Then it swings to the other side, and we see those who should be incarcerated receive probation. To avoid overcrowding of jails and to keep costs reasonable, a […]
How Does Probation Work?
The possibility of going to jail is the biggest concern for most people charged with serious crimes. Being convicted of a crime and having a sentence with jail time imposed is frightening and life-changing. Your freedoms are eliminated and, while in jail, you are required to adhere to a strict set of rules and policies. […]
