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PA Supreme Court Limits Sentence Enhancement for Drug Crimes Involving Guns
Pennsylvania sentencing guidelines are much more than just a list of ranges for specific offenses. They are a labyrinth of enhancements, minimums and caveats that laypeople consistently struggle to understand. In operation, these rules can have a significant impact on the sentence a person receives and can also steer the course of plea negotiations. That […]
Record Number of Wrongful Convictions Overturned
The bedrock of the U.S. judicial system is the presumption of innocence. Still, there is a pervasive belief that anyone who is arrested must be guilty of something. Some people even implicate themselves by falsely confessing to a crime they did not commit. A recent report on exonerations — the dismissal of criminal charges — […]
The Five Types of Pennsylvania Drug Charges
Pennsylvania drug laws are tough and often carry severe penalties, including mandatory sentencing. The law recognizes a wide spectrum of drug infractions and crimes, from misdemeanors — such as being caught with a small amount of marijuana on your person — to felony drug trafficking charges. Because there are so many circumstances that can affect […]
Should Juveniles Be on the Sex Offender List?
In 2006, the federal government passed the Adam Walsh Child Safety and Protection Act, which made funds available to states that adopted its recommendations. In 2012, Pennsylvania qualified with the Sex Offender Registration Notification Act (SORNA). Under SORNA, any sex offender over the age of 14 must submit to registration requirements for at least 25 […]
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 […]
