Pennsylvania's Criminal Justice System / Edited by Mary P

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Pennsylvania’s Criminal Justice System brewster dammer 00 fmtF2 3/13/14 8:47 AM Page ii

Carolina Academic Press State-Speciﬁc Criminal Justice Series

North Carolina’s Criminal Justice System Second 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. brewster dammer 00 fmtF2 3/13/14 8:47 AM Page iii

Pennsylvania’s Criminal Justice System

Edited by

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

Harry R. Dammer Professor and Chair of Sociology/ Criminal Justice/Criminology, The University of Scranton

Carolina Academic Press Durham, North Carolina brewster dammer 00 fmtF2 3/13/14 8:47 AM Page iv

Library of Congress Cataloging-in-Publication Data

Pennsylvania's criminal justice system / edited by Mary P. Brewster and Harry R. 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 2014 364.9748--dc23

2014002479

Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com

Printed in the United States of America brewster dammer 00 fmtF2 3/13/14 8:47 AM Page v

Contents

List of Figures and Tables xv Series Note xix Acknowledgments xxi Author Bios xxiii Chapter 1 · Crime Trends in Pennsylvania 3 Shannon T. Grugan Learning Objectives 3 Key Terms 3 Introduction 4 Crime: Definitions, Perceptions, and Realities 4 Crime Statistics: The FBI’s Uniform Crime Report 4 Crime Counts Versus Crime Rates: The Need for Standardization 6 Crime in Pennsylvania 7 Recent Data: Crime in Pennsylvania in 2011 7 Part I Crimes in Pennsylvania in Detail 9 Violent Crime 9 Property Crime 20 Drug Abuse Crimes 25 Summary and Conclusions: Overall Crime Trends 25 Key Terms and Definitions 27 Websites 28 Review Questions 28 Critical Thinking Questions 28 References 29 Chapter 2 · Pennsylvania Criminal Law 31 Jerry Morano and Jana Nestlerode

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vi CONTENTS

Learning Objectives 31 Key Terms 31 Introduction 32 Enacting a Criminal Law 32 Crimes in Pennsylvania 34 Statutory Crimes 34 General Provisions of the Crimes Code 35 Inchoate Crimes 38 Major Crimes 39 Offenses Involving Danger to the Person 40 Criminal Homicide 40 Assault 41 Robbery 41 Sexual Offenses 41 Offenses against Property 42 Arson 42 Criminal Mischief 42 Burglary and Criminal Trespass 42 Theft and Related Offenses 43 Vehicle Code 44 Driving Under the Influence 44 Drug Offenses 45 Actual, Constructive, and Joint Constructive Possession 46 Drug Offenses and Penalties 47 Defenses to Criminal Prosecution 48 Time Limitations 49 Ignorance or Mistake 50 Minimum Age 50 Mental Capacity (Competence, Guilty but Mentally Ill or Legally Insane) 50 Involuntary or Voluntary Intoxication 52 Military Order 52 Duress 52 Consent 53 De Minimis Infractions 53 Entrapment 53 Justified Conduct 53 Self- Defense and the Castle Doctrine 54 Defense of Property 54 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page vii

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Alibi 55 Conclusion 55 Key Terms and Definitions 55 Websites 57 Review Questions 57 Critical Thinking Questions 58 References 58 Chapter 3 · The Criminal Justice Process in Pennsylvania 63 James C. Roberts and Jenny P. Roberts Learning Objectives 63 Key Terms 63 Introduction 64 General Terminology 65 Jurisdiction and Venue 65 Limitations on Prosecution 66 Probable Cause 67 Report and Investigation of the Crime 68 Searches and Search Warrants 68 Arrests and Arrest Warrants 69 Booking 70 Pretrial Procedures 71 Preliminary Arraignment 71 Preliminary Hearing 73 Criminal Information 73 Grand Jury Indictment 74 Formal Arraignment 75 Plea Agreements 76 Pretrial Motions 76 Criminal Trial 78 Jury Selection 78 Presentation of Evidence 79 Jury Deliberations 81 Sentencing and Corrections 81 Punishments 81 Corrections 83 Conclusion 83 Key Terms 83 Websites 85 Review Questions 86 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page viii

viii CONTENTS

Critical Thinking Questions 86 References 86 Chapter 4 · Law Enforcement in Pennsylvania 89 Michael J. Jenkins Learning Objectives 89 Key Terms 89 Introduction 90 Federal Law Enforcement in Pennsylvania 90 State Policing 91 Structure 92 Requirements for Becoming a Trooper 93 Function 93 Law Enforcement Services 94 Public Safety Services 95 Public Services 95 Other Statewide Law Enforcement Agencies 96 Attorney General’s Office 97 Local Policing 97 The Scranton Police Department 98 The Philadelphia Police Department 99 The Municipal Police Officers’ Education and Training Commission 101 County Police Agencies 103 The Montgomery County Sheriff’s Department 103 Police Constables 104 Conclusion 105 Key Terms and Definitions 105 Websites 107 Review Questions 107 Critical Thinking Questions 107 References 108 Chapter 5 · Pennsylvania Courts 111 Jana Nestlerode and Jerry Morano Learning Objectives 111 Key Terms 111 Introduction 112 Federal Courts in Pennsylvania 114 Overview 114 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page ix

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United States District Courts 116 United States Court of Appeals (Third Circuit) 116 Attorneys in Federal Courts 117 Pennsylvania Courts 118 Overview 118 Pennsylvania Supreme Court 119 Pennsylvania Superior Court 120 Pennsylvania Commonwealth Court 121 Pennsylvania Courts of Common Pleas 122 Magisterial District Courts 124 Juvenile Courts 125 Specialty Courts 126 Attorneys in Pennsylvania Courts 127 Pennsylvania Attorney General 127 District Attorneys 128 Public Defenders 129 Judges in Pennsylvania 130 Juries in Pennsylvania 133 Conclusion 134 Key Terms and Definitions 135 Websites 136 Review Questions 136 Critical Thinking Questions 137 References 137 Chapter 6 · The Corrections System in Pennsylvania 141 John T. Conlon and Harry R. Dammer Learning Objectives 141 Key Terms 141 Introduction 142 Federal Corrections 143 The Federal Bureau of Prisons 143 Federal Correctional Facilities in Pennsylvania 144 Federal Supervision in the Community 144 United States’ Corrections Today 146 The Early History of Corrections in Pennsylvania 147 Pennsylvania’s Correctional System 148 Classification of Offenders 149 Prisons and Prisoners in Pennsylvania 151 Jails in Pennsylvania 152 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page x

x CONTENTS

Community- Based Corrections 154 Probation and Parole in Pennsylvania 155 Correctional Policy Initiatives 160 Boot Camp 160 Community Corrections Centers 161 State Intermediate Punishment Program 162 Recidivism Risk Reduction Incentive (RRRI) 163 Justice Reinvestment 164 Conclusion 165 Key Terms and Definitions 166 Websites 168 Review Questions 169 Critical Thinking Questions 169 References 170 Chapter 7 · The Death Penalty in Pennsylvania 173 Timothy R. Robicheaux Learning Objectives 173 Key Terms 173 Introduction 174 Historical Roots 174 Death Penalty Legal Factors 175 Aggravating and Mitigating Circumstances 178 Gary Heidnik: An Illustration 181 The Death Penalty Process 183 Jury Selection 183 Bifurcated Process 184 After the Verdict 184 From Sentencing to Death 186 Death Penalty Opinions and Attitudes 187 Opinions of Public Officials 187 Public Opinion 188 Death Penalty Controversies 190 Wrongful Conviction 190 Case Backlog 191 The High Cost of Death 191 Race and the Death Penalty 191 Conclusion 192 Review Questions 193 Critical Thinking Questions 193 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page xi

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Key Terms and Definitions 194 Websites 195 References 195 Chapter 8 · The Juvenile Justice System in Pennsylvania 199 Maria L. Garase Learning Objectives 199 Key Terms 199 Introduction 200 History of Juvenile Justice in Pennsylvania 200 The Balanced and Restorative Justice Model (BARJ) 204 Purpose and Jurisdiction of the Juvenile Court 205 Juvenile Justice Process and Structure 206 Arrest/Referral 207 Intake 207 Detention and Detention Hearing 208 Adjudicatory Hearing 209 Disposition Hearing and Placement 210 Aftercare 211 Key Juvenile Justice Agencies and Personnel 211 Juvenile Crime and Outcomes in Pennsylvania 215 Juveniles in Adult Court: Waiver and Statutory Exclusion 217 Current Issue Facing Pennsylvania’s Juveniles in Adult Court 221 Conclusion 221 Key Terms and Definitions 222 Websites 223 Review Questions 224 Critical Thinking Questions 224 References 225 Cases Cited 226 Statutes Cited 226 Chapter 9 · Crime Victims in Pennsylvania 227 Mary P. Brewster and Jane M. Tucker Learning Objectives 227 Key Terms 227 Introduction 228 Defining Crime Victims 228 Extent of Crime Victimization 229 Victim Support Agencies and Organizations 229 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page xii

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Office of Victims’ Services 229 The Victims Compensation Assistance Program 229 Victims’ Services Programs 230 Office of the Victim Advocate 231 Other State Organizations Involved in Helping Crime Victims 232 Crime Victims’ Rights 233 Pennsylvania Crime Victims Act 233 The Right to Receive Basic Information 233 Rights to Notifications Regarding the Offender 234 Right to Input 235 Victim Input and Sentencing 237 Victim Input and Changes to an Offender’s Sentence 237 Victim Input and Parole 238 Victim Input and Pardons 238 Victims’ Right to Attend and Be Accompanied to Proceedings 239 Reimbursement of Victims’ Losses 239 Other Crime Victims’ Rights 240 Special Types of Victims 240 Child Victims 240 Child Victims in the Courtroom 241 Expert Witnesses in Child Sexual Assault Cases 242 Domestic Violence Victims 242 Protection from Abuse Act 243 Sexual Assault Victims 245 Post- Assault Treatment of Sexual Assault Victims 245 Pending Legislation Related to Sexual Assault Victims 245 Sex Offender Registry 246 Address Confidentiality Program 247 Elderly Victims 247 Families of Murder Victims 248 Victim and Offender Programs 249 Victim Offender Dialogue Program 249 Impact of Crime Classes 249 Balanced and Restorative Justice 250 Conferencing and Mediation Programs 250 Mural Arts Program 250 Summary and Conclusion 251 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page xiii

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Key Terms and Definitions 251 Websites 254 Victim Services 255 Crime Rate 255 Review Questions 255 Critical Thinking Questions 255 References 256 Chapter 10 · Training and Educating Criminal Justice Personnel in Pennsylvania 259 Robert J. Boyer Learning Objectives 259 Key Terms 259 Introduction 260 Police 261 Pennsylvania State Police Trooper 262 Municipal Police Officer 264 Deputy Sheriff 265 Constable 266 Courts 267 Corrections 268 Correctional Officer 268 Probation/Parole Officers 270 Criminal Justice Education and Training 272 Conclusion 274 Key Terms 275 Websites 275 Review Questions 275 Critical Thinking Questions 276 References 276 Index 277 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page xiv brewster dammer 00 fmtF2 3/13/14 8:47 AM Page xv

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 Crimes by Weapon Type in Pennsylvania in 2011 20

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xvi LIST OF FIGURES AND TABLES

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 37 Table 2.3 Categories of Commonly Prosecuted Crimes 39 Table 2.4 Pennsylvania’s Statutory BAC Classifications 45 Table 2.5 Pennsylvania’s Schedule of Drugs 46 Table 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 117 Figure 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 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page xvii

LIST OF FIGURES AND TABLES xvii

Chapter 8 · The Juvenile Justice System in Pennsylvania Figure 8.1 Pennsylvania Juvenile Justice Flowchart 212 Table 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 brewster dammer 00 fmtF2 3/13/14 8:47 AM Page xviii brewster dammer 00 fmtF2 3/13/14 8:47 AM Page xix

Series Note

Carolina Academic Press’ state-specific criminal justice series fills a gap in the field 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 state has its unique legislature, executive branch, law enforcement system, court and appellate review system, state supreme court, correctional system, and juvenile justice apparatus. Since many criminal justice students embark upon careers in their 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 texts or 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 Academic Press for providing us with the opportunity to publish this manuscript. Sin - cere gratitude goes to all of our contributors for sharing their knowledge and expertise, not only in their own chapters, but also collaboratively through pro - viding thoughtful and critical feedback to other chapters’ authors. Additional peer reviewers to whom we are deeply indebted include Randolph T. McVey, Brian F. O’Neill, Maureen G. Raquet, and Nathan M. Schenker. We also greatly appreciate the hard work of graduate student Adrianna Hughes in her assistance with the instructor’s manual. Finally, our most heartfelt thanks go to our fam - ilies for their understanding, patience, and support throughout the writing and editing of this text. — MPB and HRD

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Author Bios

Robert Boyer is a Professor of Criminal Justice at Luzerne County Community College in Nanticoke, Pennsylvania. He earned his Master’s Degree in Public Administration 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 Chester University 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 alcohol prevention. John T. Conlon is an Adjunct Professor of Criminal Justice at the University of Scranton. He received his MPA with a concentration in criminal justice from Marywood University. He is the former director of Adult Probation and Parole of Lackawanna County, PA, and currently serves as a consultant in issues re lated to sentencing and community- based corrections. Harry R. Dammer is a Professor and Chair of the Sociology, Criminal Justice and Criminology Department at the University of Scranton. He received his Ph.D. from the Rutgers School of Criminal Justice. He is a former juvenile counselor and high school teacher. His teaching and research interests include corrections, comparative criminal justice, and religion in prison. Maria L. Garase is an Associate Professor of Criminal Justice at Mercyhurst University, Erie, PA. She received her Ph.D. from Indiana University of Penn - sylvania. Prior to becoming an academic she was a counselor specialist at a day/ evening treatment facility for delinquent females in Pittsburgh, PA. Her re - search and teaching interests include juvenile justice, women and crime, and ethics in criminal justice.

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xxiv AUTHOR BIOS

Shannon Grugan is a doctoral student at Rutgers University and an environ - mental policy and data consultant at Booz Allen Hamilton. Her research and teaching interests include crime theory, environmental crime, cybercrime, and animal 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 interests include police organizations, police- community collaborations and technology in 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 Widener School of Law and West Chester University. He received his Juris Doctorate from 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. Prior to joining West Chester University, she was an Assistant District Attorney in Delaware 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 University of Scranton, Scranton, PA. His research interests include alcohol and aggres - sion, drugs and crime, and intimate partner violence. He holds a doctorate in criminal justice from Rutgers University. Jenny P. Roberts is an assistant district attorney and head of the special victims unit in the Luzerne County District Attorney’s Ofﬁce, Wilkes- Barre, PA. She holds a master’s degree in criminal justice from Rutgers University and a juris doctorate 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 a variety of criminology courses. He currently is completing his Ph.D. in law and 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 Chester University of Pennsylvania. Her research interests include police subculture and stress, police agency policy and practice, and victimology.