Articles

In a recent Pennsylvania Supreme Court case, Commonwealth v. Sanchez, the court declared that juries will have to rule when a defendant in a death penalty proceeding wants to argue that he is mentally disabled and therefore ineligible for execution. The high court upheld the death penalty for Abraham Sanchez Jr., who was convicted of […]

It has been black letter law and a source of some frustration for judges, prosecutors, and defense attorneys alike that when an individual is convicted of a Megan’s Law offense, as specified in 42 Pa.C.S.A. §9795.1, a Sexually Violent Predator (SVP) assessment must be ordered and completed prior to sentencing.  (For a more thorough review […]

Does a spouse always have the right to invoke the spousal privilege, which in essence grants a spouse the right to refuse to testify against his or her spouse?  Under Pennsylvania law a spouse has the right to invoke this privilege and refuse to testify against his/her spouse.  However, there are exceptions in which the […]

Steven Fairlie was quoted by Reuters news service on the Jerry Sandusky case.   Here is the link: http://www.reuters.com/article/2011/12/13/us-crime-coach-strategy-idUSTRE7BC2IR20111213

Jerry Sandusky waived all charges to the next court level, the Pennsylvania trial court known as the Court of Common Pleas.   This means that he gave up his right to contest the charges and the right to cross examine and thus test the accuracy of his accusers.  This is frequently thought to be a sign […]