[vc_row][vc_column][vc_column_text]The Defender’s Kate Parker (Policy Director) and Byron Cotter (Director, Alternative Sentencing) spoke with Dolly Prabhu (Abolitionist Law Center) and Andy Hover (ACLU-PA) about the problems with PA’s probation system, and how fixing it will make our communities safer. Watch the full video below.[/vc_column_text][/vc_column][/vc_row][vc_row css=”.vc_custom_1648497687009{margin-top: 20px !important;}”][vc_column][vc_raw_html]JTNDY2VudGVyJTNFJTNDaWZyYW1lJTIwd2lkdGglM0QlMjIxMjgwJTIyJTIwaGVpZ2h0JTNEJTIyNzIwJTIyJTIwc3JjJTNEJTIyaHR0cHMlM0ElMkYlMkZ3d3cueW91dHViZS5jb20lMkZlbWJlZCUyRlVYb0pGZ2llS2w4JTIyJTIwdGl0bGUlM0QlMjJZb3VUdWJlJTIwdmlkZW8lMjBwbGF5ZXIlMjIlMjBmcmFtZWJvcmRlciUzRCUyMjAlMjIlMjBhbGxvdyUzRCUyMmFjY2VsZXJvbWV0ZXIlM0IlMjBhdXRvcGxheSUzQiUyMGNsaXBib2FyZC13cml0ZSUzQiUyMGVuY3J5cHRlZC1tZWRpYSUzQiUyMGd5cm9zY29wZSUzQiUyMHBpY3R1cmUtaW4tcGljdHVyZSUyMiUyMGFsbG93ZnVsbHNjcmVlbiUzRSUzQyUyRmlmcmFtZSUzRSUzQyUyRmNlbnRlciUzRQ==[/vc_raw_html][/vc_column][/vc_row]
Category: Criminal Justice Reform
Feb. 24: Defender Testimony on PA Sentencing Guideline Proposals
[vc_row][vc_column][vc_column_text css=”.vc_custom_1645719737897{padding-top: 20px !important;padding-right: 20px !important;padding-bottom: 20px !important;padding-left: 20px !important;background-color: #263797 !important;}”]On February 24, 2022, Chief Defender Keisha Hudson testified before the PA Sentencing Commission with recommendations on the Commission’s proposed updates to sentencing guidelines.
Read the full testimony below, or download it here
Click here to download the supplemental document: Proposed OGS mitigating factors[/vc_column_text][vc_empty_space][vc_column_text css=”.vc_custom_1645720075520{padding-top: 20px !important;padding-right: 20px !important;padding-bottom: 20px !important;padding-left: 20px !important;background-color: #ffffff !important;}”]On behalf of the Defender Association of Philadelphia, I want to thank the PA Sentencing Commission for convening this series of hearings on the new proposed sentencing guidelines.
As the largest criminal defense law firm in the Commonwealth, the Defender has a practitioner’s understanding of how changes to sentencing guidelines impact people accused of crimes in Philadelphia. We’re very happy to share our perspectives with you this morning.
Defender’s Overall Read on the Sentencing Guidelines
Currently, the courts use a sentencing matrix based on 2 factors:
- An Offense Gravity (OG) score designed to measure the seriousness of the offense; and
- A Prior Record (PR) score, or accounting of the accused’s previous number and types of convictions
These guidelines are not binding on the court, and they provide a range that judges can use to guide their sentencing decisions. Judges aren’t required to follow it – but if they choose to, following the guidelines likely puts them on safer legal ground if the sentence is appealed.
The proposed guidelines make some substantial changes to the recommended sentences for judges to impose. We think that many of these have the potential to be positive, and we commend the Commission’s efforts to mitigate the racial disparities that have been created when our system uses past criminal convictions to trigger enhanced sentencing.
However, we also want to urge the Commission to ensure that the more equitable outcomes we all seek are not diminished by potential exceptions or refinements to these rules. For example, it is essential that periods of incarceration do not toll or interrupt the periods of time calculated as ‘crime free’ for lapsing convictions.
We would like to highlight some areas that do concern us as direct practitioners. Notably, the overwhelmingly majority of the sentencing options call for a custodial sentence and not for restorative sanctions and many of the circumstances for which restorative sanctions are recommended are unlikely to occur in our practice.
Offenses with low OG scores of 2—like tampering with Kosher food or burning a flag—are charges rarely, if ever, seen in Philadelphia. Notably, we didn’t see any offenses designated as a “1,” and recommend that some offenses should be assigned to the lowest possible score. We would also recommend that the section that includes restorative sanctions recommendations be expanded.
Concerns with Offense Gravity Scores
Expanding the number of OG scores and consolidating the number of PR scores effectively narrows the range of recommended sentences on the grid. Additionally, the range by which the sentence may be impacted by aggravating and mitigating factors (the plus/minus on the right side of the matrix) is also much smaller. This may limit the effect of mitigating information presented by Defenders on the client’s actual sentence since the range of sentences the courts may impose, while still remaining within the recommended guidelines, is smaller.
We’re also concerned that, while there is substantial opportunity for aggravating factors to enhance the OG scores, there are not equal opportunities for mitigating factors to reduce the OGS. In fact, the only two factors courts can consider in reducing the gravity of the offense are not related to the circumstances or nature of the offense, but to the defendant’s acceptance of a plea or willingness to cooperate with law enforcement.
To address this inequity, the Defender proposes incorporating a list of 12 factors that will help to ensure the OG score reflects the unique circumstances presented by the facts of the case and the individual appearing before the Court for sentencing.
We have attached all 12 factors to our testimony, and won’t read through them all here, but they include factors like:
- The defendant’s conduct neither caused nor threatened serious harm (-1);
- There were substantial grounds tending to excuse or justify the defendant’s conduct, though failing to establish a defense (-2); and
- The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense (-2)
We’re also concerned about the OG score enhancement that arises from association with a criminal gang.
- The definition of a criminal gang is overwhelmingly broad and presents real challenges for our clients and the communities they represent.
- For example: since drug distribution, by definition, frequently involves 3 or more persons, this provision could inadvertently be used to enhance the gravity score for every type of drug case.
- While we recommend removing this provision altogether, we would at least urge the commission to adopt a more specific definition to trigger the gang affiliation enhancement.
We are equally troubled that some sentencing enhancements are already elements of the underlying offense, which raises the very real concern that without specific limiting language, they will be double counted. Similarly, we urge the Commission to include language that prohibits the ‘stacking’ of multiple aggravating factors to enhance the OGS.
PR Score Concerns
We would like to point out that, while aggregating the PR score will likely benefit clients with longer or more serious records, it is also likely to result in harsher treatment for clients with less serious, but perhaps more frequent, contacts with the justice system. Specifically, it’s too easy for the accused to be considered a “medium” for prior record calculations. This is particularly true for clients with a history of substance use or mental health issues.
We urge the Commission to allow for greater differentiation so that one prior conviction for felony shoplifting isn’t treated the same way as one prior conviction for felony rape under the guidelines.
We also urge the Commission to keep repeat instances for possessory offenses, retail theft, and thefts under an F2 as a low offender for PR score.
Conclusion
Once again, I want to thank the Sentencing Commission for undertaking these public hearings to address these serious and complex issues, and for including the Defender Association in this collaborative and thoughtful process.
I invite and encourage you to reach out to our office if you want to further discuss any of the topics I mentioned here or have any additional questions.[/vc_column_text][/vc_column][/vc_row]
Full Video: “Rage of Innocence” Webinar
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Watch the full video from our Feb. 17 Webinar with Chief Defender Keisha Hudson and Professor Kristin Henning!
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Thursday, February 17:
Rage of Innocence: How America Criminalizes Black Youth.

Join us via Zoom on February 17 for a timely and important discussion of our criminal justice system as Chief Defender Keisha Hudson speaks with Georgetown Law Professor Kristin Henning. They’ll be discussing Professor Henning’s book, Rage of Innocence-How America Criminalizes Black Youth.
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Full Video: MLK Day Shop Talk!
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Watch the Full Video of our MLK Day Shop Talk event!
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MLK Day Shop Talk Workshops & Highlights:
- Criminal Record Expungement Information Provided by the Defender Association
- “School Discipline 101 for Students and Parents” Presented by Ashli Giles-Perkins, Esq., Education Law Center-PA
- “Critical Race Theory for Students” Presented by Shyann V. Gales-Poland, Esq.
- “Collective Resistance Through Hip Hop” Presented by Michael Coard, Esq. Nat Turner Law School
ALSO: Our partners, Victoria’s Kitchen and Sicklerville Soul provided FREE meals for Shop Talk attendees!
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Interview: Keisha Hudson on WHYY
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On January 4, 2022, Keisha Hudson talked to WHYY’s Cherri Gregg about her role as Chief Defender and the fight for a fairer justice system.
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Keisha Hudson on WURD – December 13, 2021
On December 13, Chief Defender Keisha Hudson talked with WURD’s Andrea Lawful Sanders about her new role and vision for the Defender. Click below to listen
Defender Files Amicus Brief: Scott v. PA Board of Probation & Parole
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The Defender Association of Philadelphia has filed an amicus brief in support of the plaintiff in Scott v. PA Board of Probation and Parole. The lawsuit, filed in July 2020 by the Abolitionist Law Center, Amistad Law Project, and the Center for Constitutional Rights, is the first case of its kind in the country. It argues that mandatory life sentences without the possibility of parole for those who did not kill or intend to kill do not serve any legitimate governmental interest and are illegally cruel under the Pennsylvania Constitution.
The suit was brought by six people serving mandatory life without parole (LWOP). The six individuals are serving LWOP and are denied the possibility for parole due to their convictions for felony murder, even though they themselves did not kill anyone or intend to kill anyone.
The felony murder rule, which exists in forty-four states, holds a person liable for murder if the person participates in a felony that leads to a death, even if the person plays no direct role in the death or does not intend or anticipate it. In Pennsylvania, people found guilty are automatically sentenced to life, and a separate provision of state law prohibits parole eligibility for anyone serving life.
The Defender Association’s amicus brief highlights how paroled juvenile lifers, released after the U.S. Supreme Court decisions held their incarcerations to be unconstitutional, are positively contributing to the community. The Pennsylvania Supreme Court will now decide if the lawsuit may proceed.
Read the Defender’s Amicus Brief here.
Additional Info:
After the U.S. Supreme Court ruled that it was unconstitutional to sentence youth to mandatory life without parole, 541 individuals serving juvenile LWOP became entitled to a new sentencing hearing, with Philadelphia having the largest group of children (325) serving mandatory LWOP. The Defender devised a three-year plan, worked side by side with court administration, City Council, the DA’s Office, and numerous legal organizations and private firms across the region. The Defender represented 75 percent of Philadelphia’s cases and trained and supported pro bono counsel to handle the remaining 25 percent. Across the Commonwealth to date, 469 former children sentenced to LWOP have been resentenced and 248 released.
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Alan Tauber on Worsening Conditions in Philly’s Jails
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PHILADELPHIA–“The Defender Association of Philadelphia stands with the families of the incarcerated, prison employees, activists and concerned community members in decrying the continued deterioration of conditions in our city’s jails.
“The unsafe conditions are the direct result of personnel shortages exacerbated by the pandemic. The only way to increase the safety for the incarcerated and take some of the pressure off prison employees is to safely reduce the prison population.
“To that end, we’ve been working closely with our justice system partners to create a new court program involving pretrial release. We’ve made significant progress, and hope to implement this program soon. Our office continues to work to secure release for individual clients. Anyone who has a loved one who is incarcerated should reach out to our office and speak with an attorney so we can present the best argument possible on their behalf.
“In the meantime, we need to move with a sense of urgency to not only address the health and safety hazards created by prison overcrowding, but also protect the health and wellbeing of the people and communities we serve. This means working closely with community leaders–particularly from those neighborhoods most impacted by both community violence and incarceration–to find solutions to the root causes of crime.
“We must also continue to build on established partnerships between criminal justice system stakeholders, activists, and advocates to explore community-driven alternatives to detention that promote equity and safety. This includes ensuring people who can be safely released from the jail have access to safe and affordable housing.
“Our work to reunify people with families and communities as we improve conditions in our jails must go hand-in-hand with programs and initiatives that provide brighter futures for the incarcerated and the neighborhoods they return to.”
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Alan Tauber on Passage of “Driving Equality” Bill
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City Council passed the “Driving Equality” bill, which aims to reduce the vast racial disparity in motor vehicle stops by police
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PHILADELPHIA–“The Defender Association of Philadelphia applauds City Council for passing the groundbreaking and data-driven ‘Driving Equality’ legislation. Councilmember Isaiah Thomas’s bill, which aims to reduce the vast racial disparities in motor vehicle stops by police, is a great first step to building more trust between our police and communities of color. Moreover, it is a bill that will allow law enforcement to divert more resources toward matters that directly impact public safety.
“The Defender is honored to have had the opportunity to work closely with Councilmember Thomas, and other justice system stakeholders to help shape elements of this bill. We also thank Councilmembers Kenyatta Johnson, Katherine Gilmore Richardson, Jamie Gauthier, Kendra Brooks, Maria Quiñones Sánchez, Cherrelle Parker, Curtis Jones and Allan Domb for their leadership in advancing such a pivotal piece of legislation.
“We’re hopeful that passage of the ‘Driving Equality’ bill is just the beginning of informed and meaningful conversations about positive changes to our justice system that will benefit all Philadelphians.”
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“Back on Track” Program
[vc_row][vc_column width=”2/3″][vc_column_text]From September 20th thorough September 24th, attorneys from the Defender Association of Philadelphia and private defense bar will be posted in the lobby of the Juanita Kidd Stout Criminal Justice Center (1301 Filbert St.) to help people with open criminal cases learn their next court date, receive service for their next court date, and/or address certain bench warrants for arrest though an expedited hearing process.
People with open criminal cases who aren’t sure their next court date or are concerned they might have already missed a date are encouraged to connect with defense counsel participating in the First Judicial District’s Back on Track Initiative. People with open criminal cases who aren’t sure their next court date or are concerned they might have already missed a date are encouraged to connect with defense counsel participating in the First Judicial District’s Back on Track Initiative.
This program is not intended for people who might have violated conditions of parole, or supervised release, or who are wanted for arrest outside of Philadelphia County.
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Related News Stories about “Back on Track”
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If you are eligible for support from the Back on Track Initiative but aren’t able to come to the Stout Center between Sept. 20-24, call 215-683-7004, 215-683-7005, 215-683-7006, or go to https://www.courts.phila.gov/criminalcalendar/name/ to find your next court date.
You can also find helpful information on the Defender’s Court Status page.
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