Criminal Procedure Outline

PA Crim Practice Lewis Fall 2014

Unified Judicial System – Oldest Constitution (pre-US Constitution) – likes to rely on PA state Constitution over federal Constitution

I. Appellate Courts: Supreme, Superior, Commonwealth

a. Judges/justices (statewide elections) – Ten year term – judges stand for retention (not re-election) – Vacancies – appointed by Governor, confirmed by Senate. Serve until next election – Law degree necessary (except magistrates) – Retire by end of 70th year

II. PA Supreme Court – Oldest SC in Western Hemisphere – 7 justices – accept cases on Petition for Allowances of Appeal

a. Chief Justice (most senior in service) – head of unified judicial system

b. Oversee various committees (Criminal rules committee) – Amendments and changes must be approved by Chief justice

c. Board oversight

i. Disciplinary board – for lawyers

ii. Judicial discipline – judicial conduct board & court of judicial discipline – 12 members (3 judges, 3 lawyers, 6 lay persons, 6 republicans, 6 democrats, 6 appointed by governor, 6 appointed by CJ

1. If charges can’t be handled by lower level sanctions or the charges are contested, the judicial conduct board will send the case to the court of judicial discipline

2. Have to go through the lower courts and then petition for cert

d. Take the cases they want to hear – no automatic appeals (except death penalty convictions & cases of criminal contempt – NOT civil contempt)

III. PA Superior Court – 15 judges – president judge elected – 5 years – can’t directly succeed yourself

a. rule also applies to county courts with more than 8 judges

b. in county courts with fewer than 8 judges – most senior judge is president until retirement

c. panels generally sit with 2 elected judges and 1 senior judge

i. occasionally will sit en banc with 9 judges – i.e. 2 superior courts have heard the same issue and handled them differently or issue of serious import

d. have to hear every appeal unless it’s patently frivolous

e. civil jx as well

IV. commonwealth court – no crim cases

V. Courts of Common Pleas – Trial Courts – 60 judicial districts – civil, criminal, family cases

a. must be a lawyer to run for judge

b. elected county-wide to a 10 year term – stand for retention – retire at end of 70th year

c. vacancies filled by governor, confirmed by Senate

d. President Judge – most senior in courts with fewer than 8 judges – elected for five year term in courts of 8+ judges

VI. Magisterial Courts – Elected magisterial district judge in each district

a. 6 year term – stand for re-election – not required to be an attorney – civil and criminal jx

Sentencing

I. Crimes Code Classification of Crimes

a. Murder I – Automatic life or death penalty – Max fine $50,000

b. Murder II – automatic Life – Max fine $50,000

c. Murder III (Felony Murder/2nd Degree – doesn’t matter if it’s intentional or accidental) – 40 years – Max fine $50,000

d. Felony I – 20 years (Robbery, burglary, rape, kidnapping, carjacking, etc.) – Max fine $25k

b. Felony II – 10 years (Lesser 1st degree felony – robbing a warehouse instead of a house, assault threatening bodily injury instead of death, etc.) – max fine $25k

c. Felony III – 7 years (Car theft – NOT carjacking, gun violations) – max fine $15k

d. Misdemeanor I – 5 years (theft, assault) – max fine $10k

e. Misdemeanor II – 2 years (Low level theft, simple assault) – max fine $5k

f. Misdemeanor III – 1 year (Prostitution, drug possession (not a repeat offense)) – max fine $2.5k

g. Summary Offenses – DUI, bad checks, etc. – confinement of 90 days

VII. non-incarceration penalties: probation (12 months, 24 months, 16 months, etc.) – cannot be any greater than max incarceration term allowed for that level of crime – sentence is expressed in one number

VIII. incarceration penalties – sentence is expressed in 2 numbers: first number is minimum and 2nd number is maximum

a. 2nd number – maximum – may not be any greater than the max allowed for that level of crime, but it may be less

b. 1st number – minimum – may not be any longer than one-half the maximum, but it may be less.

IX. Sentencing on multiple charges – Must decide whether charges are concurrent or consecutive

a. May be a factor if incidents were separate crimes

X. Place of confinement

a. County Sentence/County jail – Less than 24 months – county jail sentence to be served in county jail

i. Maximum sentence less than 2 years

ii. Work release is generally available – Some have separate work release facilities – More of a dormitory setting than a prison

iii. Release to parole is at discretion of the sentencing judge at expiration of min. sentence or later – Very rough guideline – no guarantee you’ll get out at the minimum

iv. Release earlier only if reentry plan ordered and DA given 10 days notice and opportunity to object (DA’s rarely object)

1. Must decide if defendant is eligible for re-entry when they go to prison – Means he/she is eligible to take certain programming in the county jail that prevents recidivism – drug and alcohol counseling, job and skills training, GED, etc.

2. Re-entry is part of sentencing now

v. Reentry credit, programming – “good time” – good behavior – get credit for good behavior – If defendant complies with all of programming and displays good behavior – they may get out early – they build up “points” to get out on parole early

b. State Sentence/State Penitentiary – If 24 months (2 years) or greater – state sentence to generally be served in a state prison – Release is controlled by board of probation and parole

i. Exception: if max sentence is less than 5 years – judge can order the sentence served in a county jail – provided that: DA agrees, County jail is within 110% of its rated capacity, Sentencing judge will control release

ii. General rule: no eligibility of parole until expiration of minimum sentence

1. Responsible for a lot of prison overcrowding

iii. Parole board wanted to change this – started similar process that county jails used – RRRI (Recidivism Risk Reduction Incentive) 2008 – If D is eligible for RRRI – sentencing judge must make him eligible – not eligible for major crimes (armed robbery/burglary, high drug crimes, rape, murder, etc.)

1. Must participate in programming and successfully complete

2. Get paroled a little earlier

3. Controls behavior in the prisons – not full-proof

4. If minimum sentence is 3 years or less, then RRRI is 75%

5. If minimum is 3 years or more, RRRI is 5/6 of the minimum

6. DA can waive eligibility requirements – judge and victim must agree

iv. Sentencing process for state prisons

1. Classification center – anyone sentenced goes to classification center first – may stay 6-8 weeks before it is decided which state prison they are sent to

v. No work release

vi. No “good time” – good behavior – get credit for good behavior – now part of RRRI

1. Used to have a pre-release program – abolished in 2012 because RRRI has taken over

vii. Release controlled by parole board – but they will contact sentencing judge and DA to make comments and see if they agree/disagree with their recommendation

viii. Sentencing process for state prisons: Classification center – anyone sentenced goes to classification center first – may stay 6-8 weeks before it is decided which state prison they are sent to

ix. No work release

XI. Mandatory (Minimum) Sentencing – set by legislature for some crimes – Judge may go above, but not below, the sentencing minimum – Max sentence not affected

a. Examples: Crimes against the elderly, Motor vehicle fatalities, Certain drug cases (trafficking, higher amounts, etc.) – Sliding scale based on amount for sales, DUI – a ton of mandatories based on how many offenses, BAC, etc.

b. 1st or 2nd degree murder

i. 1st: death or mandatory life imprisonment

ii. 2nd: automatic life (murder in the commission of a felony)

iii. DA can’t plea bargain around this – but can