Pennsylvania’s Criminal Justice System

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Carolina Academic Press

State-Specific Criminal Justice Series

North Carolina’s Criminal Justice SystemSecond Edition

Paul E. Knepper and Mark Jones

Georgia’s Criminal Justice System

Deborah Mitchell Robinson

Florida’s Criminal Justice System

William G. Doerner

California’s Criminal Justice System

Christine L. Gardiner and Stacy L. Mallicoat, eds.

Missouri’s Criminal Justice System

Frances P. Reddington, ed.

Illinois’s Criminal Justice System

Jill Joline Myers and Todd Lough, eds.

Pennsylvania’s Criminal Justice System

Mary P. Brewster and Harry R. Dammer, eds.

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Pennsylvania’s Criminal Justice System

Edited by

Mary P. BrewsterProfessor and Chair of Criminal Justice, West Chester University of Pennsylvania

Harry R. DammerProfessor and Chair of Sociology/

Criminal Justice/Criminology, The University of Scranton

Carolina Academic PressDurham, North Carolina

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Copyright © 2014Carolina Academic PressAll Rights Reserved

Library of Congress Cataloging-in-Publication Data

Pennsylvania's criminal justice system / edited by Mary P. Brewster and HarryR. Dammer.

pages cm. -- (State-specific criminal justice series)Includes bibliographical references and index.ISBN 978-1-61163-460-0 (alk. paper)1. Criminal justice, Administration of--Pennsylvania. 2. Criminology--Pennsylvania. 3. Criminal procedure--Pennsylvania. I. Brewster, Mary P. II.Dammer, Harry R., 1957-

HV9955.P4P456 2014364.9748--dc23

2014002479

Carolina Academic Press700 Kent Street

Durham, North Carolina 27701Telephone (919) 489-7486Fax (919) 493-5668www.cap-press.com

Printed in the United States of America

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Contents

List of Figures and Tables xvSeries Note xixAcknowledgments xxiAuthor Bios xxiii

Chapter 1 · Crime Trends in Pennsylvania 3Shannon T. GruganLearning Objectives 3Key Terms 3Introduction 4Crime: Definitions, Perceptions, and Realities 4Crime Statistics: The FBI’s Uniform Crime Report 4Crime Counts Versus Crime Rates: The Need for Standardization 6

Crime in Pennsylvania 7Recent Data: Crime in Pennsylvania in 2011 7Part I Crimes in Pennsylvania in Detail 9Violent Crime 9Property Crime 20Drug Abuse Crimes 25

Summary and Conclusions: Overall Crime Trends 25Key Terms and Definitions 27Websites 28Review Questions 28Critical Thinking Questions 28References 29

Chapter 2 · Pennsylvania Criminal Law 31Jerry Morano and Jana Nestlerode

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Learning Objectives 31Key Terms 31Introduction 32Enacting a Criminal Law 32Crimes in Pennsylvania 34Statutory Crimes 34General Provisions of the Crimes Code 35

Inchoate Crimes 38Major Crimes 39Offenses Involving Danger to the Person 40Criminal Homicide 40Assault 41Robbery 41Sexual Offenses 41

Offenses against Property 42Arson 42Criminal Mischief 42Burglary and Criminal Trespass 42Theft and Related Offenses 43

Vehicle Code 44Driving Under the Influence 44

Drug Offenses 45Actual, Constructive, and Joint Constructive Possession 46Drug Offenses and Penalties 47

Defenses to Criminal Prosecution 48Time Limitations 49Ignorance or Mistake 50Minimum Age 50Mental Capacity (Competence, Guilty but Mentally Ill or Legally Insane) 50

Involuntary or Voluntary Intoxication 52Military Order 52Duress 52Consent 53De Minimis Infractions 53Entrapment 53Justified Conduct 53 Self- Defense and the Castle Doctrine 54Defense of Property 54

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Alibi 55Conclusion 55Key Terms and Definitions 55Websites 57Review Questions 57Critical Thinking Questions 58References 58

Chapter 3 · The Criminal Justice Process in Pennsylvania 63James C. Roberts and Jenny P. RobertsLearning Objectives 63Key Terms 63Introduction 64General Terminology 65Jurisdiction and Venue 65Limitations on Prosecution 66Probable Cause 67

Report and Investigation of the Crime 68Searches and Search Warrants 68Arrests and Arrest Warrants 69Booking 70

Pretrial Procedures 71Preliminary Arraignment 71Preliminary Hearing 73Criminal Information 73Grand Jury Indictment 74Formal Arraignment 75Plea Agreements 76Pretrial Motions 76

Criminal Trial 78Jury Selection 78Presentation of Evidence 79Jury Deliberations 81

Sentencing and Corrections 81Punishments 81Corrections 83

Conclusion 83Key Terms 83Websites 85Review Questions 86

CONTENTS vii

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Critical Thinking Questions 86References 86

Chapter 4 · Law Enforcement in Pennsylvania 89Michael J. JenkinsLearning Objectives 89Key Terms 89Introduction 90Federal Law Enforcement in Pennsylvania 90State Policing 91Structure 92Requirements for Becoming a Trooper 93Function 93Law Enforcement Services 94Public Safety Services 95Public Services 95

Other Statewide Law Enforcement Agencies 96Attorney General’s Office 97

Local Policing 97The Scranton Police Department 98The Philadelphia Police Department 99The Municipal Police Officers’ Education and Training Commission 101

County Police Agencies 103The Montgomery County Sheriff ’s Department 103Police Constables 104

Conclusion 105Key Terms and Definitions 105Websites 107Review Questions 107Critical Thinking Questions 107References 108

Chapter 5 · Pennsylvania Courts 111Jana Nestlerode and Jerry MoranoLearning Objectives 111Key Terms 111Introduction 112Federal Courts in Pennsylvania 114Overview 114

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United States District Courts 116United States Court of Appeals (Third Circuit) 116Attorneys in Federal Courts 117

Pennsylvania Courts 118Overview 118Pennsylvania Supreme Court 119Pennsylvania Superior Court 120Pennsylvania Commonwealth Court 121Pennsylvania Courts of Common Pleas 122Magisterial District Courts 124Juvenile Courts 125Specialty Courts 126

Attorneys in Pennsylvania Courts 127Pennsylvania Attorney General 127District Attorneys 128Public Defenders 129

Judges in Pennsylvania 130Juries in Pennsylvania 133Conclusion 134Key Terms and Definitions 135Websites 136Review Questions 136Critical Thinking Questions 137References 137

Chapter 6 · The Corrections System in Pennsylvania 141John T. Conlon and Harry R. DammerLearning Objectives 141Key Terms 141Introduction 142Federal Corrections 143The Federal Bureau of Prisons 143Federal Correctional Facilities in Pennsylvania 144

Federal Supervision in the Community 144United States’ Corrections Today 146The Early History of Corrections in Pennsylvania 147Pennsylvania’s Correctional System 148Classification of Offenders 149Prisons and Prisoners in Pennsylvania 151Jails in Pennsylvania 152

CONTENTS ix

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Community- Based Corrections 154Probation and Parole in Pennsylvania 155

Correctional Policy Initiatives 160Boot Camp 160Community Corrections Centers 161State Intermediate Punishment Program 162Recidivism Risk Reduction Incentive (RRRI) 163Justice Reinvestment 164

Conclusion 165Key Terms and Definitions 166Websites 168Review Questions 169Critical Thinking Questions 169References 170

Chapter 7 · The Death Penalty in Pennsylvania 173Timothy R. RobicheauxLearning Objectives 173Key Terms 173Introduction 174Historical Roots 174Death Penalty Legal Factors 175Aggravating and Mitigating Circumstances 178Gary Heidnik: An Illustration 181

The Death Penalty Process 183Jury Selection 183Bifurcated Process 184After the Verdict 184From Sentencing to Death 186

Death Penalty Opinions and Attitudes 187Opinions of Public Officials 187Public Opinion 188

Death Penalty Controversies 190Wrongful Conviction 190Case Backlog 191The High Cost of Death 191

Race and the Death Penalty 191Conclusion 192Review Questions 193Critical Thinking Questions 193

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Key Terms and Definitions 194Websites 195References 195

Chapter 8 · The Juvenile Justice System in Pennsylvania 199Maria L. GaraseLearning Objectives 199Key Terms 199Introduction 200History of Juvenile Justice in Pennsylvania 200The Balanced and Restorative Justice Model (BARJ) 204Purpose and Jurisdiction of the Juvenile Court 205Juvenile Justice Process and Structure 206Arrest/Referral 207Intake 207Detention and Detention Hearing 208Adjudicatory Hearing 209Disposition Hearing and Placement 210Aftercare 211

Key Juvenile Justice Agencies and Personnel 211Juvenile Crime and Outcomes in Pennsylvania 215Juveniles in Adult Court: Waiver and Statutory Exclusion 217Current Issue Facing Pennsylvania’s Juveniles in Adult Court 221Conclusion 221Key Terms and Definitions 222Websites 223Review Questions 224Critical Thinking Questions 224References 225

Cases Cited 226Statutes Cited 226

Chapter 9 · Crime Victims in Pennsylvania 227Mary P. Brewster and Jane M. TuckerLearning Objectives 227Key Terms 227Introduction 228Defining Crime Victims 228Extent of Crime Victimization 229

Victim Support Agencies and Organizations 229

CONTENTS xi

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Office of Victims’ Services 229The Victims Compensation Assistance Program 229Victims’ Services Programs 230

Office of the Victim Advocate 231Other State Organizations Involved in Helping Crime Victims 232

Crime Victims’ Rights 233Pennsylvania Crime Victims Act 233The Right to Receive Basic Information 233Rights to Notifications Regarding the Offender 234Right to Input 235Victim Input and Sentencing 237Victim Input and Changes to an Offender’s Sentence 237Victim Input and Parole 238Victim Input and Pardons 238

Victims’ Right to Attend and Be Accompanied to Proceedings 239

Reimbursement of Victims’ Losses 239Other Crime Victims’ Rights 240

Special Types of Victims 240Child Victims 240Child Victims in the Courtroom 241Expert Witnesses in Child Sexual Assault Cases 242

Domestic Violence Victims 242Protection from Abuse Act 243

Sexual Assault Victims 245 Post- Assault Treatment of Sexual Assault Victims 245Pending Legislation Related to Sexual Assault Victims 245Sex Offender Registry 246Address Confidentiality Program 247

Elderly Victims 247Families of Murder Victims 248

Victim and Offender Programs 249Victim Offender Dialogue Program 249Impact of Crime Classes 249Balanced and Restorative Justice 250Conferencing and Mediation Programs 250Mural Arts Program 250

Summary and Conclusion 251

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Key Terms and Definitions 251Websites 254

Victim Services 255Crime Rate 255

Review Questions 255Critical Thinking Questions 255References 256

Chapter 10 · Training and Educating Criminal Justice Personnel in Pennsylvania 259

Robert J. BoyerLearning Objectives 259Key Terms 259Introduction 260Police 261Pennsylvania State Police Trooper 262Municipal Police Officer 264Deputy Sheriff 265Constable 266

Courts 267Corrections 268Correctional Officer 268Probation/Parole Officers 270

Criminal Justice Education and Training 272Conclusion 274Key Terms 275Websites 275Review Questions 275Critical Thinking Questions 276References 276

Index 277

CONTENTS xiii

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List of Figures and Tables

Chapter 1 · Crime Trends in Pennsylvania

Table 1.1 Frequency, Percentage, and Rate for Crime in Pennsylvania in 2011 by Crime Type 7

Table 1.2 Frequency, Percentage, and Rate for Crime in Pennsylvania by Metropolitan Statistical Area Classification 8

Figure 1.1 Rates of Violent Crime in Pennsylvania Compared to National Rates, 1960–2010 9

Figure 1.2 Rates of Violent Crime in Pennsylvania Compared to National Rates, 1960–2010 10

Table 1.3 Demographic Characteristics of Murder Victims in Pennsylvania in 2011 12

Table 1.4 Number and Percentage of Murders in Pennsylvania According to Weapon Type in 2011 14

Table 1.5 Number and Percentage of Murders in Pennsylvania According to Victim-Offender Relationship in 2011 14

Table 1.6 Frequencies, Percentages, and Rates of Murder in Pennsylvania by Select Counties in 2011 15

Figure 1.3 Rates of Forcible Rape in Pennsylvania Compared to National Rates, 1960–2010 16

Figure 1.4 Rates of Robbery in Pennsylvania Compared to National Rates, 1960–2010 17

Table 1.7 Number and Percentage of Robberies in Pennsylvania According to Weapon Type and Location in 2011 18

Figure 1.5 Rates of Aggravated Assault in Pennsylvania Compared to National Rates, 1960–2010 19

Table 1.8 Number and Percentage of Aggravated Assault Crimesby Weapon Type in Pennsylvania in 2011 20

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Figure 1.6 Rates of Property Crime in Pennsylvania Compared to National Rates, 1960–2010 21

Figure 1.7 Rates of Burglary in Pennsylvania Compared to National Rates, 1960–2010 22

Figure 1.8 Rates of Motor Vehicle Theft in Pennsylvania Compared to National Rates, 1960–2010 23

Figure 1.9 Rates of Larceny-Thefts in Pennsylvania Compared to National Rates, 1960–2010 24

Table 1.9 Number and Percentage of Larceny-Thefts in Pennsylvania According to Dollar Amount and Location in 2011 24

Chapter 2 · Pennsylvania Criminal Law

Table 2.1 Purdon’s Consolidated Statutes Titles Relevant to Criminal Law 35

Table 2.2 Classifications of Crimes 37Table 2.3 Categories of Commonly Prosecuted Crimes 39Table 2.4 Pennsylvania’s Statutory BAC Classifications 45Table 2.5 Pennsylvania’s Schedule of Drugs 46Table 2.6 Common Drug Offenses and Penalties in Pennsylvania 48

Chapter 4 · Law Enforcement in Pennsylvania

Table 4.1 Functions and Tasks of a Patrol Officer in Pennsylvania 102

Chapter 5 · Pennsylvania Courts

Figure 5.1 Geographic Boundaries of the United States Circuit Courts of Appeals and United States District Courts 115

Figure 5.2 Federal Judicial Districts: Pennsylvania 117Figure 5.3 Pennsylvania Courts 126

Chapter 6 · The Corrections System in Pennsylvania

Table 6.1 Federal Facilities that House Inmates in Pennsylvania 144

Chapter 7 · The Death Penalty in Pennsylvania

Table 7.1 List of Aggravating Circumstances in Pennsylvania’s Death Penalty Statute 179

Table 7.2 List of Mitigating Circumstances in Pennsylvania’s Death Penalty Statute 180

xvi LIST OF FIGURES AND TABLES

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Chapter 8 · The Juvenile Justice System in Pennsylvania

Figure 8.1 Pennsylvania Juvenile Justice Flowchart 212Table 8.1 2011 Delinquency Placements by Type 216

Chapter 9 · Crime Victims in Pennsylvania

Table 9.1 Victims’ Rights to Notification and Input Post-Sentencing 236

LIST OF FIGURES AND TABLES xvii

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Series Note

Carolina Academic Press’ state-specific criminal justice series fills a gap in thefield of criminal justice education. One drawback with many current introduc-tion to criminal justice texts is that they pertain to the essentially non-existent“American” criminal justice system and ignore the local landscape. Each statehas its unique legislature, executive branch, law enforcement system, court andappellate review system, state supreme court, correctional system, and juvenilejustice apparatus. Since many criminal justice students embark upon careers intheir home states, they are better served by being exposed to their own states’ crim-inal justice systems. Texts in this series are designed to be used as primary textsor as supplements to more general introductory criminal justice texts.

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Acknowledgments

We would like to thank Beth Hall and the entire staff at Carolina AcademicPress for providing us with the opportunity to publish this manuscript. Sin-cere gratitude goes to all of our contributors for sharing their knowledge andexpertise, not only in their own chapters, but also collaboratively through pro-viding thoughtful and critical feedback to other chapters’ authors. Additionalpeer reviewers to whom we are deeply indebted include Randolph T. McVey,Brian F. O’Neill, Maureen G. Raquet, and Nathan M. Schenker. We also greatlyappreciate the hard work of graduate student Adrianna Hughes in her assistancewith the instructor’s manual. Finally, our most heartfelt thanks go to our fam-ilies for their understanding, patience, and support throughout the writingand editing of this text.

— MPB and HRD

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Author Bios

Robert Boyer is a Professor of Criminal Justice at Luzerne County CommunityCollege in Nanticoke, Pennsylvania. He earned his Master’s Degree in PublicAdministration from Marywood University and a Bachelor’s Degree in Crim-inal Justice from King’s College. He is a former police sergeant with the Kingston,Pennsylvania Police Department and is a state- certified Municipal Police Instructor.He also serves as the Mayor of Wyoming, PA.

Mary Brewster is a Professor and Chair of Criminal Justice at West ChesterUniversity of Pennsylvania. She earned her Ph.D. at Rutgers School of Crim-inal Justice. Her research interests include victimology, intimate partner vio-lence and stalking, animal cruelty, specialized courts, and juvenile drug and alcoholprevention.

John T. Conlon is an Adjunct Professor of Criminal Justice at the University ofScranton. He received his MPA with a concentration in criminal justice fromMarywood University. He is the former director of Adult Probation and Paroleof Lackawanna County, PA, and currently serves as a consultant in issues relatedto sentencing and community- based corrections.

Harry R. Dammer is a Professor and Chair of the Sociology, Criminal Justiceand Criminology Department at the University of Scranton. He received hisPh.D. from the Rutgers School of Criminal Justice. He is a former juvenilecounselor and high school teacher. His teaching and research interests includecorrections, comparative criminal justice, and religion in prison.

Maria L. Garase is an Associate Professor of Criminal Justice at MercyhurstUniversity, Erie, PA. She received her Ph.D. from Indiana University of Penn-sylvania. Prior to becoming an academic she was a counselor specialist at aday/ evening treatment facility for delinquent females in Pittsburgh, PA. Her re-search and teaching interests include juvenile justice, women and crime, andethics in criminal justice.

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Shannon Grugan is a doctoral student at Rutgers University and an environ-mental policy and data consultant at Booz Allen Hamilton. Her research andteaching interests include crime theory, environmental crime, cybercrime, andanimal cruelty.

Michael J. Jenkins is an Assistant Professor of Criminal Justice at the Univer-sity of Scranton. He received his Ph.D. from Rutgers School of Criminal Jus-tice. He has worked as a Case Manager for adult parolees. His scholarly interestsinclude police organizations, police- community collaborations and technologyin police operations.

Jerry Morano is an Assistant District Attorney for the Chester County, Penn-sylvania, District Attorney’s Office. He is also an adjunct faculty at the WidenerSchool of Law and West Chester University. He received his Juris Doctoratefrom the Dickinson School of Law of the Pennsylvania State University.

Jana Nestlerode is a Professor of Criminal Justice at West Chester University.She received her Juris Doctorate from Widener University School of Law. Priorto joining West Chester University, she was an Assistant District Attorney inDelaware County, Pennsylvania, responsible for prosecuting criminal jury tri-als. Her research interests include the Fourth Amendment, election fraud,pharmaceutical battery, and whistleblowers.

James C. Roberts is an associate professor of criminal justice at the Universityof Scranton, Scranton, PA. His research interests include alcohol and aggres-sion, drugs and crime, and intimate partner violence. He holds a doctorate incriminal justice from Rutgers University.

Jenny P. Roberts is an assistant district attorney and head of the special victimsunit in the Luzerne County District Attorney’s Office, Wilkes- Barre, PA. Sheholds a master’s degree in criminal justice from Rutgers University and a jurisdoctorate from Villanova University.

Timothy Robicheaux is a Lecturer of Sociology and Criminology at the Penn-sylvania State University, University Park, PA. He received his M.A. in Psy-chology at the University of Nebraska-Lincoln and his Masters of Legal Studies(MLS) at the University of Nebraska College of Law. He regularly teaches avariety of criminology courses. He currently is completing his Ph.D. in lawand psychology at the University of Nebraska- Lincoln and studies jury deci-sion making and eyewitness memory.

Jane M. Tucker is an Assistant Professor of Criminal Justice at West ChesterUniversity of Pennsylvania. Her research interests include police subcultureand stress, police agency policy and practice, and victimology.

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