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 Caleb Taylor and Yasmin Tadjdeh, PA INDEPENDENT

HARRISBURG — The state House voted unanimously Monday to ban a series of synthetic drugs, as lawmakers spoke in defense of public health.

“There is not a day that goes by that we don’t pick up the newspaper, turn on the television or radio, and hear some near tragedy, or tragedy, that has occurred because of the abuse and use of these substances,” said state Rep. Jennifer Mann, D-Lehigh.

The legislation, SB 1006, adds a series of chemical compounds used as synthetic marijuana and synthetic cocaine to the state’s list of controlled substances. To be included on the list, a substance must have a high potential for abuse, no accepted medical use in the United States and lack medical safety, according to state law.

The chemicals, which can be found in some bath salts and incenses, can cause symptoms, such as strong hallucinations, that are similar to those present after using other illegal drugs. (more…)

(HARRISBURG) – Minors who call 911 to help an intoxicated friend in an emergency situation would be spared prosecution under legislation that has been reintroduced by Senator John Rafferty (R-Montgomery).

Specifically, Senate Bill 448 would grant immunity to an individual for the summary offense of underage drinking as it relates to the consumption of alcoholic beverages by a person under the age of 21. Under the provisions of Senator Rafferty’s legislation, an individual must call 911 to report the person in need of medical attention, must provide their name to the dispatcher, and must remain with the person in need of assistance.

Senator Rafferty, who has been an ardent supporter and author of tougher laws to prevent underage drinking, said his legislation – which passed unanimously out of the Senate last session – is intended to protect public safety and prevent needless tragedies.

“Underage drinking is a serious matter, and we don’t want to give minors a free pass. But if kids are in trouble and require medical attention, we shouldn’t discourage anyone in a position to help them from seeking critical and timely aid,” Senator Rafferty said. “This legislation has support from several groups, including the Pennsylvania DUI Association and state District Attorneys Association because it provides a safe way to defuse an unsafe situation.”

By Nancy Phillips and Craig R. McCoy
Inquirer Staff Writers

In a move that will spare thousands of crime victims from having to testify at initial court hearings, the Pennsylvania Supreme Court has ordered judges to accept the testimony of police officers, rather than victims, against defendants accused of property crimes.

“This is monumental,” said Supreme Court Justice Seamus McCaffery, who joined with Chief Justice Ronald D. Castille in pushing for the policy. “This will make things more just for the victims and the accused.”

Each year in Philadelphia, as many as 5,000 victims of car thefts, burglaries, frauds, and other felony property crimes will be spared initial court appearances. Instead, police will testify that the items in question were reported stolen.

The change is designed to end the practice by which victims must go to court merely to testify that they owned property and gave no one permission to take it. Given the delays that plague the Philadelphia courts, this has forced victims to show up repeatedly - and led many to simply give up. (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…)

HARRISBURG (October 4)- The Pennsylvania House of Representatives today passed legislation to add new reforms to the commonwealth’s systems of criminal sentencing and parole. The intent of the bill, Senate Bill 1161, is to provide much-needed relief to the state’s bursting prison system, said the American Civil Liberties Union of Pennsylvania, a supporter of the bill.

“Our prison system is at its breaking point,” said Andy Hoover , legislative director of the ACLU of Pennsylvania. “The passage of this bill, while not perfect, is another sign that the legislature is getting sm art on crime.” (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…)

Friday, September 17, 2010
University Park, Pa. — The fall 2010 semester marks the renewal of a sustained, broad-based campaign to reduce the negative consequences of alcohol in the Penn State community, according to Damon Sims, vice president for Student Affairs, during a presentation today (Sept. 17) to the University’s Board of Trustees.

“The challenge of dangerous alcohol misuse among college students reaches nationwide and is far from new,” said Sims, who also co-chairs The Partnership – Campus and Community United Against Dangerous Drinking with Borough of State College Manager Tom Fountaine. Sims and panelists Fountaine; Linda LaSalle, University Health Services’ associate director for educational services; Joe Puzycki, Student Affairs assistant vice president; and Max Wendkos, Interfraternity Council president, outlined the campaign’s efforts during their presentation. (more…)

September 14, 2010
by Adam Smeltz for StateCollege.com

Leaders spanning the public and private sectors converged Monday in State College to endorse tougher penalties for underage-drinking and public-drunkenness offenses in Pennsylvania.

A two-hour hearing by the state Senate Majority Policy Committee convened inside the borough municipal building, drawing testimony from representatives of three college towns — including State College; from two Penn State student representatives; and from two bar-and-restaurant operators.

Nearly all of those testifying gave unqualified endorsements of three bills introduced last week by state Sen. Jake Corman, R-Bellefonte. One bill would raise the maximum fines for summary underage-drinking and public-drunkenness offenses to $1,000, up from the current maximum of $300. The current maximum was set in 1972 and no longer serves as an effective deterrent or covers law-enforcement expenses, officials testified. (more…)

By Lauren Boyer
September 14, 2010

STATE COLLEGE — One by one, officials unbottled pent-up frustration surrounding penalties they say aren’t strong enough to deter the increasing population of excessive drinkers committing alcohol-related crimes in college towns.

At a two-hour hearing Monday, State College officials joined representatives from Indiana and West Chester at the municipal building, echoing similar concerns before the state Senate Majority Policy Committee about the municipal financial burden of alcohol violations.

“There doesn’t seem to be any real solutions, per se,” said committee member Sen. Mike Folmer, R-Lebanon. “When you’re dealing with people’s behaviors and actions, it’s difficult to legislate those aspects of their internal being.” (more…)