Previously, teachers who were convicted of having sex with students who were younger than 18 but older than 16, the age of consent in Pennsylvania, would likely face charges of corrupting a minor. This misdemeanor charge generally carried a maximum sentence of five years in prison.
]]> But under the new law, teachers who have sexual contact with students under the age of 18 may be charged with a third-degree felony. The maximum sentence for such an offense is seven years in prison and being forced to register as a sex offender for 10 years.State and local district attorneys reportedly believed that the misdemeanor charge was not a sufficient punishment and called for increased penalties for teachers who have sex with students. The bill was passed by the legislature and signed into law late last year.
The new law has been met with much criticism from criminal defense attorneys and other defendants' advocates throughout the state. Many people believe that the current five-year sentence is sufficient for these alleged sex crimes, and at least one lawyer has questioned why teachers are treated differently than other adults who are entrusted with the care of minors, such as priests or leaders of Boy Scout troops.
Source: The Pocono Record, "Penalties toughened for Pa. teachers who have sex with students," Riley Yates, Feb. 22, 2012
]]>One such person is Sarah Longwell, the managing director of the American Beverage Institute. In a recent newspaper opinion piece, Longwell states that not only are checkpoints ineffective, but that they take valuable resources away from effective methods of apprehending and punishing people who drive under the influence of alcohol.
]]> In her letter, Longwell references several states' DUI arrest data. She writes that in Pennsylvania in 2007, police arrested less than 1 percent of the more than 180,000 drivers that were stopped by police at DUI checkpoints. Similarly, of the more than one million vehicles that went through DUI checkpoints in California in 2008, she says, just one-third of 1 percent were arrested and charged with drunk driving.As a result of similar results in their states, Connecticut and Utah are currently working to pass laws which would eliminate DUI checkpoints altogether.
Longwell says that the main problem is that checkpoints are easy to avoid. Not only are the roadblocks highly visible, but work of mouth generally travels fast via traditional and social media.
Therefore, she says, the cost of checkpoints far outweighs their benefits. As such, they should be eliminated.
Source: The News Star, "Checkpoints not effective," Sarah Longwell, Feb. 18, 2012
]]>Normally, such a motion would be made by the defense, in an effort to obtain an uninformed, impartial jury instead of one that is composed of people from the community who are well-versed in the criminal allegations and charges facing the defendant. In this situation, however, legal analysts believe that the defense will likely seek long-time local residents who know about Sandusky's positive impact on the Penn State football program and who may put more weight on his football successes than on the charges filed against him.
]]> It remains to be seen how that strategy plays out. Sandusky's criminal sex abuse trial is scheduled to begin on May 14. He is currently facing 52 charges of sex abuse involving 10 children.During the same hearing, the judge also granted Sandusky's request to ease some of his bail restrictions. This will allow him to have visits with most of his grandchildren and some other close friends as he awaits the start of his trial.
On a related note, former Penn State athletic director Tim Curley also recently asked a judge to dismiss the perjury charges that have been filed against him in connection to Sandusky's alleged abuse. In his motion, Curley alleges that the death of Penn State football coach Joe Paterno removes a crucial witness for the prosecution. Without Paterno to allege that Curley did not report the alleged abuse once he learned of it, Curley claims, the prosecution has no solid evidence against him.
The judge has yet to rule on that motion.
Source: USA Today, "Judge eases Sandusky's bail restrictions in abuse cases," Kevin Johnson, Feb. 14, 2012
]]>The woman was charged with DUI after the accident. Her two daughters, ages 4 and 1, were taken to the hospital with moderate injuries. Authorities said the child safety seats the girls were in were not used properly. The woman was cited for reckless endangering of another person as a result, as well as multiple traffic violations.
]]> Also injured in the crash was the 40-year-old driver of the first car the woman hit. His 48-year-old passenger suffered minor injuries as well, according to police. The driver of the third car was not hurt.The assault charge stems from the woman's behavior at the hospital where her daughters were taken to have their injuries treated. State police were in the process of taking the woman into custody when she kicked a state trooper in the back of his head. She was subsequently charged assault of an officer.
The woman has several issues that she must now deal with: in addition to the criminal charges against her, she might also be subjected to personal injury claims from the injured driver and his passenger. She may also have pending issues regarding her children. In any case, she will at least want to consider working with an experienced criminal defense attorney who will fight for her rights.
Source: York Daily Record, "Police: York woman charged with DUI with children in car," Rebecca LeFever, Feb. 10, 2012
]]>According to George Geisler of the Pennsylvania DUI Association, the cost varies somewhat based on the number of previous offenses and the severity of the offense. However, first-time offenders can expect to spend about $5,000 in court costs and defense attorney fees. Second offenses generally cost about twice that much.
]]> In addition, there are additional costs that aren't as easy to measure. These include increased car insurance rates, the costs of participating in any court-ordered rehabilitative programs, and the possibility of a job loss due to the revocation of a driver's license.The DUI Association believes that Pennsylvania DUI offenders generally fall into one of three equal categories. The first contains people who were arrested for drunk driving after a simple error in judgment. Members of this group generally do not reoffend.
The second group contains habitual offenders who have been charged with DUI on multiple occasions, and the third contains people who fall somewhere in between.
If you have been arrested for drunk driving, regardless of which of these groups you fall into, it is important that you are aware of your rights in order to avoid harmful legal and financial consequences.
Source: York Daily Record, "Fallout after a DUI can be costly in many ways," Emily Opilo and Rebecca LeFever, Jan. 14, 2012
]]>According to police reports, the purported victim came forward last month and reported that she had been raped by the teenage boy in September. While investigating the girl's claims, the police reportedly learned of the additional allegations of sexual assault. All three incidents took place in Mt. Lebanon, a suburb of Pittsburgh which is about 150 miles southwest of State College.
]]> Because all four of the people involved in the case are minors, police have not released many details about the alleged incidents. They did say that none of the offenses took place on the property of Mt. Lebanon High School, where the defendant is a student. It is not known whether the alleged victims also attend that school.After the defendant turned himself in to police, he was charged with multiple sex crimes including rape, sexual assault, unlawful restraint, false imprisonment, indecent exposure, indecent assault, aggravated indecent assault, harassment and terroristic threats.
The defendant was charged as a juvenile, police say, because he does not have any prior convictions and because he did not use a weapon in the perpetration of the alleged crimes. Despite the fact that he was not charged as an adult, he will likely deal with the effects of the arrest for years to come, especially if he is convicted of any or all of the crimes and is forced to register as a sex offender.
Source: KDKA, "Mt. Lebanon HS Student Charged With Rape," Feb. 1, 2012
]]>According to documents provided to the grand jury, police executed search warrants at six different locations in Cumberland County and surrounding areas. In their search, they allegedly found large amounts of the drugs in question, drug paraphernalia and thousands of dollars in cash. They also reportedly seized three loaded handguns.
]]> Cumberland County is about 100 miles southeast of State College and Centre County.In addition to the drug charges, the defendants were also charged with conspiracy offenses. Prosecutors claim that they conspired with one another to distribute the drugs, and that they used telephones and cell phones to further their alleged conspiracy.
The federal trial against the five defendants is scheduled to begin early next month. Currently, three of the defendants are being held without bail, while the other two were released pending trial. The defendants range in age from 27 to 53, and are both male and female.
The investigation into the alleged drug crimes was conducted by officials from several state and federal law enforcement agencies, including the U.S. Drug Enforcement Administration, the Pennsylvania State Police and the Cumberland County drug task force. With such powerful government agencies working together against the defendants, it can only be hoped that the investigation was conducted lawfully and that they will receive a fair trial.
Source: The Record Herald, "Five indicted for selling drugs in south-central Pennsylvania," Jan. 28, 2012
]]>Now, under a new proposed regulation from Pennsylvania court officials, statements such as those made during the Sandusky sex crimes hearings would not be immediately disseminated on Twitter or similar websites. The proposal, if passed by the state supreme court, would amend the state broadcasting rule to prohibit the posting messages to public websites from inside the courtroom.
]]> Currently, the broadcasting rule bans the use of cameras in courtrooms. If the new regulations are passed, they would prohibit the "transmission of communications" using cell phones, computers and tablets during court proceedings.Court officials say they proposed the increased ban after noticing discrepancies among judges' interpretations of the current broadcasting rule. For example, Dauphin County courts generally allow reporters to tweet during court proceedings, while Westmoreland County courts do not.
They also reason that the justifications for the initial broadcasting rule also apply to tweets and other immediate broadcasts of information. Allowing reporters to tweet, officials say, has the potential to disrupt court proceedings, bias jurors or influence witness testimony.
If the rule passes, penalties for reporters who are found tweeting could range from having their device confiscated to being held in contempt of court.
Source: Centre Daily Times, "Pa. courts may ban tweets," Mike Dawson, Jan. 31, 2012
]]>According to court documents, the alleged drunk driving accident occurred in Windber, which is about 90 miles southwest of State College. The 39-year-old defendant was riding his motorcycle with his 4-year-old nephew riding on the bike's fuel tank when the vehicle crashed into a guard rail.
]]> Both the defendant and the boy were injured in the accident, with the 4-year-old suffering broken ribs and injuries to his spleen, liver and lungs. It is not known whether either were wearing helmets at the time of the crash.When police arrived at the scene of the accident, they reportedly administered a blood alcohol test and found that the defendant was above the legal limit. He was arrested and charged with DUI, aggravated assault while driving drunk, and child endangerment, among other charges.
The defendant has denied responsibility for the accident or the injuries he or his nephew suffered. Following the crash, he told police that leaves on the road had caused him to lose control of his motorcycle and collide with the guard rail.
Recently, the defendant decided to waive his right to a preliminary hearing. He will soon proceed to his criminal trial. He remains released on his own recognizance while he continues to recuperate from the injuries he suffered in the motorcycle crash.
Source: The Tribune-Democrat, "Windber man to face trial for motorcycle crash with nephew," David Hurst, Jan. 30, 2012
]]>The suspect was initially arrested after police officers had tracked him with a GPS device for four weeks, during which time they were allegedly able to tie him to a house that had been used to hold money and drugs. After he was convicted, the man filed an appeal, claiming that the GPS search had violated his constitutional protection against unreasonable searches. An appeals court agreed, and reversed his conviction and sentence. The case eventually made its way up to the Supreme Court, where the justices handed down a surprising ruling.
]]> The seven justices of the Supreme Court found that the police use of the GPS device had, in fact, violated the suspect's constitutional rights. The judges ruled that police and government agencies must first get a judge to sign off on a search warrant before installing GPS devices on suspects' vehicles and using those devices to track the suspect's movements.Although this ruling may not significantly affect the day-to-day operations of police investigations, it is promising that the high court is setting this precedent. In doing so, they are indicating that they will not be uniformly tolerant of the use of technology in police investigations if it would serve to violate suspects' individual rights.
Source: Post-Dispatch, "Warrant needed for GPS tracking, high court says," Jan. 23, 2012
]]>The Penn State Board of Trustees made the decision to fire Paterno on November 9, four days after former defensive coordinator Jerry Sandusky was arrested and charged with multiple sexual assault crimes.
Paterno maintained that he had fulfilled his legal obligation by reporting a suspected assault to his superior at Penn State. However, the Board maintained that Paterno should have done more, and that his lack of action was a "failure to fulfill his moral responsibility."
]]> Penn State students and alumni disagreed vehemently and violently, even rioting in support of their beloved coach. A few days after his firing, Paterno was diagnosed with lung cancer.Just 10 days ago, Paterno entered the Mount Nittany Medical Center for treatment for what his family said was a minor complication in his treatment. In a hospital room just a half-mile from Beaver Stadium, Paterno succumbed to the disease. He was 85 years old.
While the details of Paterno's condition and death are largely unknown, many believe that the allegations and unrest definitely played a part in both his mental and physical health. "I suspect the emotional turmoil of the last few weeks might have played into it," said athletic director Tom Osborne.
Certainly, it is hard to see past the last few months. But former Penn State cornerback D'Anton Lynn offers hope that we will soon be able to remember Joe Paterno for what he did for the university and for the State College community. "No matter what people say, you can't take away what he did for Penn State and college football," he said. "I don't think there will ever be a college coach that will ever have that impact again."
Source: Centre Daily Times, "At PSU, tension over ouster, then grief for JoePa," Genaro C. Armas, Jan. 23, 2012
]]>According to State College police reports, the incident began with an alleged drug deal between the girlfriend of the defendant and the alleged victim, a 20-year-old man. Later that night the defendant, also a 20-year-old man from State College, went over to the victim's house, demanding payment for the marijuana that had allegedly been sold to the man by the defendant's girlfriend earlier that night.
]]> When the second man refused to pay the $25 he reportedly owed, the two began to fight, striking one another with fists and baseball bats.The fight escalated, according to witnesses and the defendant, when the alleged victim was on top of the defendant, pinning him to the ground and choking him.To protect his life, the defendant allegedly grabbed a knife and stabbed the other man in the neck. He and his girlfriend then fled the scene. They called 911 from a nearby church parking lot, where officers later found the knife used in the fight, according to police reports. The victim was taken to a nearby hospital, where he was pronounced dead.
Now, the defendant is facing charges of first-, second-, and third-degree murder, as well as aggravated assault and felony robbery. His girlfriend was also charged with felony robbery and drug charges. He is being held without bail in the Centre County jail until his first preliminary hearing later this month.
Source: Centre Daily Times, "Police say marijuana theft led to fatal stabbing," Mike Dawson, Jan. 18, 2012
]]>According to police reports, the 45-year-old man was pulled over at approximately 11 a.m. as he was traveling on Interstate 99 in Benner Township, about seven miles north of State College. He was allegedly traveling more than 80 mph in a 55 mph zone when he was stopped, police say.
]]> When police approached the man's car, they allegedly noticed that the driver had bloodshot and glassy eyes, that he was slurring his speech and that he smelled of alcohol. The man agreed to a blood-alcohol test, which reportedly revealed that he was over the legal limit.The man was arrested and charged with DUI. Because his 2-year-old son was in the car with him at the time of his arrest, he was also charged with child endangerment. Police later learned that the man's driver's license had been suspended as a condition of his acceptance into the Accelerated Rehabilitative Disposition (ARD) program, so he may be facing additional charges of driving with a suspended license.
ARD is a probationary program designed to help first-time DUI offenders avoid having a DUI conviction on their criminal record. Because any failure to abide by the conditions set forth in the ARD program may result in a reinstatement of your original DUI crime, the man may now be facing additional charges dating back to a previous arrest. The details of the incident that led to the man's entrance into the ARD program are unknown.
Source: Centre Daily Times, "Man facing DUI, child endangerment charges," Jan. 13, 2012
]]>According to police reports, the two students were arrested and charged with felony trespassing after Penn State police found them at the top of a construction site near the Henderson Building. The site was reportedly marked with signs stating that only "authorized personnel" were allowed on the site. With no walls, the structure had little to prevent the students from falling to the ground.
]]> No one was injured in the incident, but prosecutors reportedly still decided to charge the students with felony trespassing. They will return to court later this month for preliminary hearing.The students were reportedly attempting to get a better view of the riots that began in response to the firing of Joe Paterno in the wake of the Jerry Sandusky sex crimes scandal. The rioters were comprised mostly of students who were angry at the trustees for making that decision. When all was said and done, approximately 45 people were arrested for various offenses such as felony riot, misdemeanor disorderly conduct or summary public drunkenness.
State College Police Chief Tom King recently told the Patriot-News that the riot could most likely have been avoided or at least mitigated if the trustees had timed the announcement of Paterno's firing, which was made at 10 p.m., differently. "I've expressed my displeasure that the timing...without us having advanced warning, presented a challenge," he said.
Source: Centre Daily Times, "Students face felony for trespassing during riot," Jan. 11, 2012
Source: The Patriot-News, "Riot at Penn State is most costly, destructive in 15 years, State College police chief says," Dec. 21, 2011
]]>The change comes in the wake of the Jerry Sandusky sex crimes scandal, in which the former Penn State assistant football coach was accused of sexually assaulting 10 male victims. Under the previous FBI definition of rape, the alleged assaults would not be considered rape.
]]> The previous definition's sole focus on female victims did not mean that sex crimes against men are not prosecuted at the state level. But by not including men in the federal definition, male victims were previously not included in the FBI's Uniform Crime Report and other statistical analyses.Advocates say that the new definition will help to paint an accurate picture of the occurrence and prevalence of sex crimes in America, and will help legislators and law enforcement officials come up with better ways for deterring and preventing such criminal activity.
Victims of sexual abuse and assault largely led the charge to change the FBI definition, claiming that the public has long been misled about the prevalence of rape in the U.S. In addition, in a recent survey of major city police chiefs, a large majority expressed their belief that the previous definition was inadequate.
The change was recently approved by FBI Director Robert Mueller, and will be phased into FBI data collection processes in the coming months.
Source: USA Today, "FBI changes definition of rape to include men as victims," Kevin Johnson, Jan. 5, 2012
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