Pennsylvania Governor Ed Rendell is attempting to put a plan into motion that would take away violent offenders’ ability to be paroled. Rather than sentencing pursuant to Pennsylvania’s indeterminate sentencing scheme in criminal court (that is, a maximum and minimum sentence, with the maximum at least double the minimum), Governor Rendell wants judges to sentence […]
What to Know About Pre-Arrest Silence
You have the right to remain silent at any time. In a recent opinion by the Pennsylvania Superior Court, Commonwealth v. Lettau, 2008 Pa. Super. 152 (2008), the Court held that a prosecutor’s repeated references during direct examination of an investigating officer and during cross-examination of defendant’s pre-arrest silence violates his 5th Amendment right to […]
Philadelphia Has the Highest Rate of Individuals Incarcerated
I wish that this were an April Fools’ joke, but its not. The Philadelphia Daily News reported today that the Justice Policy Institute has released a new report stating that Philadelphia has the highest rate of individuals incarcerated per capita. The report, entitled Jailing Communities: The Impact of Jail Expansion and Effective Public Safety, states […]
Co-Conspirator Gun Gets Sentencing Enhancements
In Commonwealth v. Phillips, 2008 Pa. Super. 30 (2008), the Superior Court of Pennsylvania reaffirms this month that the deadly-weapon enhancement contained in the Pennsylvania Sentencing Guidelines, 204 Pa.Code Sec. 303.10, can be applied to an unarmed co-conspirator. When the deadly-weapon enhancement is applied, the sentencing judge’s discretionary range of time to sentence a defendant […]
Criminal Lawyer Update: There’s No Doubt About It, Homicide by DUI Requires a Sentence of at Least Three to Six Years for Each Victim
The Pennsylvania General Assembly has spoken, and the Homicide by DUI Law requires a consecutive sentence of three to six years of incarceration for each victim of homicide by DUI. In Commonwealth v. Stemple, 2008 Pa. Super. 1 (2008), the Pennsylvania Superior Court has ruled that the Homicide by DUI statute requires a sentence of […]