pennsylvania’s criminal justice system · pennsylvania’s criminal justice system mary p....
TRANSCRIPT
Pennsylvania’s Criminal Justice System
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page i
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
Missouri’s Criminal Justice System
Frances P. Reddington
Illinois’ Criminal Justice System
Jill Joline Myers and Todd Lough
Pennsylvania’s Criminal Justice System
Mary P. Brewster and Harry R. Dammer
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page ii
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
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page iii
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
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page iv
Contents
List of Figures and Tables xvSeries Note xviiAcknowledgments xixAuthor Bios xxi
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 27Internet Websites 28Review Questions 28Critical Thinking Questions 28References 29
Chapter 2 · Pennsylvania Criminal Law 31Jerry Morano and Jana Nestlerode
v
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page v
Learning Objectives 31Key Terms 31Introduction 32Enacting a Criminal Law 32Crimes in Pennsylvania 34Statutory Crimes 34General Provisions of the Crimes Code 35
Crimes in Pennsylvania 38Inchoate 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 54
vi CONTENTS
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page vi
Defense of Property 54Alibi 55
Conclusion 55Key Terms and Definitions 55Internet Websites 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 83Internet Websites 85
CONTENTS vii
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page vii
Review Questions 86Critical 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 105Internet Websites 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
viii CONTENTS
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page viii
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 135Internet Websites 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
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page ix
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 166Internet Websites 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
x CONTENTS
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page x
Key Terms and Definitions 194Internet Websites 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 222Internet Websites 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
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xi
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 235Victims’ 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 251Key Terms and Definitions 251Internet Websites 254
Victim Services 255Crime Rate 255
xii CONTENTS
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xii
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 275Internet Websites 275Review Questions 275Critical Thinking Questions 276References 276
Index 277
CONTENTS xiii
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xiii
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xiv
List of Figures and Tables
Start here
xv
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xv
xvi LIST OF FIGURES AND TABLES
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xvi
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.
xvii
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xvii
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xviii
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
xix
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xix
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xx
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 In-structor. 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.
xxi
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xxi
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.
xxii AUTHOR BIOS
brewster dammer 00 fmtCX2 2/5/14 12:26 PM Page xxii