On February 19th, 2016, the Superior Court of Pennsylvania decided the case of Commonwealth v. Schley, No.124 WDA 2015, holding that Pennsylvania’s Rape Shield Law does not bar the admission of prior false sexual assault allegations made by the complainant as evidence in a trial for Endangering the Welfare of Children. The defendant, Schley, and […]
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Broader Expungement of Criminal Records Coming to PA
Governor Tom Wolf today signed into law Senate Bill 166 which will expand the range of crimes which may be expunged from criminal records. While this is good news for many within the Commonwealth, the law will not go into effect until 270 days from now. This means that courts will begin to process the […]
Juvenile prior is not a conviction under firearms act
On December 21, 2015, the Supreme Court of Pennsylvania held that juvenile adjudications of delinquency are not “convictions” for the purpose of enhancing the grading from a misdemeanor to a felony for violations under the Pennsylvania Uniform Firearms Act. The Pennsylvania Uniform Firearms Act, 18 Pa. C.S. §6501(a)(1), prohibits persons from possessing firearms who have […]
Drones and The Overcriminalization of America
In America legislators are elected by voters. The majority of political candidates run on a platform of being tough on crime. Candidates often try to demonstrate to constituents that they are tough on crime by proposing legislation criminalizing something. This creates a ratchet type system of punishment in America. As the ratchet turns punishment for […]
Attorneys Challenge Attorney General Office’s Authority To Prosecute Their Cases
Pennsylvania Attorney General Kathleen Kane’s office was confronted today with a new legal issue which may have far-reaching implications for law enforcement official statewide. Attorneys for three criminal defendants charged with child pornography argued that as a result of the suspension of Kane’s license to practice law this fall, her current policy of delegating legal […]
