August 3, 2011

By Michael Murray
Collegian Staff Writer

A new state law that shields underage drinkers from prosecution when calling for medical attention for a sick friend will take effect on Sept. 5.

The law, which was officially signed by Gov. Tom Corbett on July 7, is intended to encourage young people to do the right thing for a sick friend should a dangerous situation arise, Sean Moll said, legislative assistant for Sen. John Rafferty who sponsored the bill.

“There is no doubt that this law is going to save lives,” Moll said. “Only time will tell how many.”

Moll said young people often try to do the right thing for their friends by putting them to bed while they are dangerously intoxicated. The safer decision in an emergency like this, he said, is to call medical authorities.

Linda LaSalle, associate director for educational services at University Health Services, said the new law will help young people feel more comfortable calling for help in a alcohol related emergency.

“It will support students to make the right decision, and that’s what is important,” LaSalle said.

The law, often referred to as the Good Samaritan Law, does specify a few provisions that help to ensure it will protect callers with the intention of helping the sick individual, rather than those only seeking protection for themselves.

According to the new law, the caller must have reasonable belief that he is the first one to make the call for the sick individual. Next, the caller must provide the authorities with his or her real full name. Finally, the caller must stay with the sick individual until the authorities arrive. If these provisions are met, the caller will not be prosecuted for underage possession or consumption of alcohol.

LaSalle said students should always take action to get their friends help, even if they are only slightly worried for their friend’s health. With this law, she said, students will be able to put their friend’s safety ahead of the fear of getting in trouble.

“It’s always more important to save a friend’s life,” LaSalle said.

By RICHARD A. OPPEL Jr.
New York Times
September 26, 2011

GAINESVILLE, Fla. — After decades of new laws to toughen sentencing for criminals, prosecutors have gained greater leverage to extract guilty pleas from defendants and reduce the number of cases that go to trial, often by using the threat of more serious charges with mandatory sentences or other harsher penalties.

Some experts say the process has become coercive in many state and federal jurisdictions, forcing defendants to weigh their options based on the relative risks of facing a judge and jury rather than simple matters of guilt or innocence. In effect, prosecutors are giving defendants more reasons to avoid having their day in court.

“We now have an incredible concentration of power in the hands of prosecutors,” said Richard E. Myers II, a former assistant United States attorney who is now an associate professor of law at the University of North Carolina. He said that so much influence now resides with prosecutors that “in the wrong hands, the criminal justice system can be held hostage.”

One crucial, if unheralded, effect of this shift is now coming into sharper view, according to academics who study the issue. Growing prosecutorial power is a significant reason that the percentage of felony cases that go to trial has dropped sharply in many places.

Plea bargains have been common for more than a century, but lately they have begun to put the trial system out of business in some courtrooms. By one count, fewer than one in 40 felony cases now make it to trial, according to data from nine states that have published such records since the 1970s, when the ratio was about one in 12. The decline has been even steeper in federal district courts. (more…)

By Kristina Bui
February 9, 2011
Arizona Daily Wildcat

You know that photo of you, bleary-eyed and smiley, red plastic cup in hand? You know the one. You look like a hot, drunk mess, your friend keeps tagging you in it, it’s on Facebook for the whole Internet to see? That one. I bet you’d be having words with your tag-happy little pal if the UA administration were keeping tabs on your profile.

According to The Chronicle of Higher Education, much of the discussion at the National Conference on Law and Higher Education centered around issues presented by Facebook, Twitter and other social networking sites. These issues have colleges wondering if there is a need to police the Internet in order to monitor what their students and faculty members are doing or posting online.

In May 2006, Stacey Snyder was a student at Millersville University in Pennsylvania, just days away from her graduation at the time. Then the university denied her a teaching degree. The university claimed it was because a photo on her MySpace profile. Remember, it was 2006 and people still used MySpace. (more…)

By Jessica Tully and Christina Gallagher
December 7, 2010
Daily Collegian

State College attorney Andrew Shubin said Centre County police officers are too concerned with generating a high number of student arrests for low-level offenses at the University Park Undergraduate Association-sponsored town hall meeting Monday night.

“What the students don’t understand is that Penn State is not Pittsburgh or Philadelphia. State College is like Mississippi — the prosecutors, defense attorneys and jurors are very conservative,” Shubin said.

Shubin, a guest attorney at the meeting, said that if he was defending a client in a Philadelphia county, the first thing that he would tell the judge is that his client is a student at Penn State because it is highly recognized institution.

But he said if he were representing a student in Centre County, it would not matter that the student attended Penn State because his client’s background would be nearly identical to that of 40,000 other students.

Shubin said that it is important for students to realize that State College is a school zone, so low-level offenses, such as drinking and selling marijuana, are treated much more harshly. If his client lived in Philadelphia and was caught selling a quarter pound of marijuana, he would get a misdemeanor charge at the most, Shubin said. If his client was caught selling the illegal substance in State College, he would most likely receive a two to four year mandatory prison sentence.

“I hate that I am paying taxes to incarcerate engineering majors,” Shubin said. (more…)

October 28, 2010

PITTSBURGH - The American Civil Liberties Union of Pennsylvania filed a federal lawsuit today on behalf of a Newcastle couple, Elizabeth Mort and Alex Rodriguez, whose newborn daughter was seized and held for five days by Lawrence County Children and Youth Services (LCCYS) after the mother failed a hospital drug test because she had recently eaten a bagel with poppy seeds.

“No parent should have to go through what this couple did,” said ACLU of Pennsylvania staff attorney Sara Rose, who is representing Mort and Rodriguez. “This case is a tragic illustration of the harm that can result when the government removes a child based only on the accusation of a third party and without any independent investigation.” (more…)

Chad Lear - For the Centre Daily Times
Oct. 21, 2010

Alcohol offenses and thefts continue to be the biggest problems at Penn State, according to the university’s annual crime report.
“If you look at driving under the influence, liquor law and public drunkenness, those numbers are still high,” said Penn State Deputy Police Chief Tyrone Parham.
In 2009, those three offenses alone accounted for 783 of the 1,726 Part II offenses. Part II offenses also include drug offenses and weapons possession.
During the past three years, alcohol-related offenses have gone up, along with the blood alcohol content levels of Penn State students who have required medical attention for alcohol overdoses, Parham said. (more…)

By Vera Greene
Collegian Staff Writer
October 13, 2010

At its meeting on Tuesday night, the Interfraternity Council (IFC) hosted State College attorney Andrew Shubin.

Shubin talked about knowing one’s rights, Vice President for Standards Nick Rodriguez said, but the presentation was aimed more at fraternities.

Tom Piarulli, Vice President for Risk Management, said this kind of presentation is especially important for organizations like fraternities that have a house and property.

“It’s good to know your rights as a college student and a fraternity in general,” Piarulli (senior-security and risk analysis) said, “Plus, we want to make sure we’re in compliance with borough regulations.”

Shubin originally reached out to the IFC to come to Tuesday’s meeting.

“He’s really proactive,” Vice President for Public Relations Dan Cartwright said, “He did his presentation for free in order to get fraternities to bring him to their house for a more formal presentation.” (more…)

Tuesday, October 05, 2010
By Elisabeth Ponsot, Pittsburgh Post-Gazette

Friday night, Oakland.

Students back to school after summer vacation walk down Forbes Avenue with purpose, making stops at their favorite joints. Some seek out the scene at Hemingway’s Cafe or Peter’s Pub. Others trek off the beaten path to the Garage Door Saloon on Atwood or Bootleggers on Semple.

To the untrained eye, the 18- to 20-year-olds blend in with students of legal drinking age. But not to Dominic Williams.

Mr. Williams, 25, a 6-foot-4-inch former University of Pittsburgh football player, says he can spot a false ID as soon as he sees it. (more…)

By: Courtney Nickle
The Online Rocket
(Slippery Rock University’s online student newspaper)
9/24/10

This semester, two programs will be implemented to help prevent and reduce binge and underage drinking among freshmen.

The programs are part of a new statewide initiative set forth by PASSHE (Pennsylvania State System of Higher Education) targeting first-year students. SRU was awarded a two-year, $500,000 federal grant in October 2009. The other 14 state system schools were also awarded money.

The overall goal of the grant is to reduce binge drinking by seven percent, according to assistant professor, Alcohol and Other Drug program director and representative for SRU Chris Cubero. (more…)

By Tricia Pursell
The Daily Item

September 22, 2010

A state senator wants to decrease underage drinking by increasing fines.

But university and borough officials in the Valley don’t think a higher fine in itself would make much difference.

State Sen. Jake Corman (R-Benner Township, Centre County) introduced three bills Friday that would increase the maximum fine for underage drinking and public drunkenness to $1,000, make repeated underage drinking a misdemeanor, and would allow university towns to charge an additional $100 fee for alcohol-related convictions. (more…)