Most LG readers are likely familiar with prosecutorial discretion in one form or another. Generally, I think of the process as (1) charges are made by police officers; and (2) the DA’s office decides whether to go ahead with the charges, add/drop/change charges, or drop the charges entirely.
During a meeting with my field placement professor recently, she made me aware of a code giving broad discretion to the District Attorney to control charges before they’re filed. Essentially, according to the rule, the DA can flag specific crimes or grades of a crime such that police cannot file charges without his or her express permission.
This power is conferred by 234 Pa. Code 507:
Rule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth–Local Option.
(A) The district attorney of any county may require that criminal complaints, arrest warrant affidavits, or both filed in the county by police officers, as defined in these rules, have the approval of an attorney for the Commonwealth prior to filing.
(B) If the district attorney elects to proceed under paragraph (A), the district attorney shall file a certification with the court of common pleas, which certification shall state whether prior approval of police complaints, or arrest warrant affidavits, or both shall be required, shall specify which offenses or grades of offenses shall require such prior approval, and shall also specify the date such procedure is to become effective.
. . .
(C) If an attorney for the Commonwealth disapproves a police complaint, arrest warrant affidavit, or both, the attorney shall furnish to the police officer who prepared the complaint, affidavit, or both a written notice of the disapproval, in substantially the following form, and the attorney shall maintain a record of the written notice. [Form omitted -- LG]
(D) No defendant shall have the right to relief based solely upon a violation of this rule.
According to the comments of the rule, it was originally enacted to allow the Commonwealth to evaulate whether there’s substance to the warrant. Proponents of the rule generally assert that by taking the time to select the correct charges (and more appropriately, the charges that could actually stick), time and money are ultimately conserved by reducing the number of cases or charges withdrawn by the prosecutor later on down the line.
Additionally, as was pointed out by my field placement professor who heard this reason from a local District Attorney, some small-town police forces may not be familiar enough with a certain crime to effectively execute a warrant without some kind of training. I suspect that Centre County, where I live, would have trouble executing a warrant against a terrorist cell without making some kind of procedural mistake.
I’ve compiled an interesting list of DAs that have filed such orders with the Courts of Common Pleas in Pennsylvania. I believe that the list is complete, but please feel free to correct me.
Armstrong – Homicide, Murder, In/voluntary Manslaughter, Homicide by Vehicle, DUI homicide, Agg Assault, Rape, involuntary Deviate Sexual Intercourse, Robbery, Agg Assault DUI
Berks – Murder, In/voluntary manslaughter, Causing/aiding Suicide, Drug Delivery resulting in Death, Murder of Unborn Child, Voln Manslaughter of Unborn Child, Homicide by Vehicle, Homicide by Vehicle DUI, Homicide by Watercraft DUI, Homicide by Watercraft, Criminal Attempt/Solicitation/Conspiracy
Bucks – Homicide, Murder, In/vol Manslaughter, Rape, Invol Deviate Intercourse, Commercial Bribery, Bribery in Official and Political Matters, threats and Other Improper Influence in Official / Pol Matters, Perjury, Retaliation for Past Official Action, Wiretapping, Abuse of Intercepting Devices, Homicide by Vehicle, Election Code Violations, Attempt/Solicitation
Butler – Homicide, Murder, In/vol Manslaughter, Rape, Statutory Sexual Assault, Invol Deviate Sexual Intercourse, Agg Indecent Assault, Indecent Assault, Homicide by Vehicle, Homicide by Vehicle DUI, Attempt/Solicitation/Conspiracy
Carbon – Any complaints / arrest warrant affadavits by police charging one or more felony or first, second, or third degree misdemeanors
Chester – Homicide, Murder, In/vol Manslaughter, Rape, Stat Sex Assault, Invol Deviate Sexual, Sex Assault, Institutional Sex Assault, Agg Indecent Assault, Arson, Robbery, Homicide by Vehicle / while DUI
Clearfield – Attempt/Solicitation/Conspiracy, Homicide, Murder, In/vol Manslaughter, Causing or Aiding Suicide, Drug Delivery Death, Homicide/Murder/Vol Manslaughter/Agg Assault of Unborn Children, Assault by Prisoner, Agg Harassment of Prisoner, Assault by Life Prisoner, Ethnic Intimidation, Neglect of Care Dep Person, Unauthorized Admin of Intoxicant, Threat to Use Weapon of Mass Destruction, Weapons of Mass Destruction, Kidnapping, Unlawful Restraint, False Imprisonment, Interf w/ Custody of Child, Disposition of Ransom, Rape, Statutory Sexual Assault, Invol Deviate Sex Intercourse, Sexual Assault, Institutional Sexual Assault, Agg Indec Assault, Abortion of Unborn Child, Infanticide, Prohibited Acts, Reporting, Publically Owned Facilities, Fetal Experimentation, Arson, Causing or Risking Catastrophe, Burglary, Criminal Trespass
Cumberland – the usual suspects + kidnapping, luring a child into a motor vehicle, tampering w/ records, rigging publicly exhibited contest, deceptive / fraudulent business practices, Bigamy, Incest, Copying, Insurance Fraud, Washing Vehicle Titles, Concealing Death of Child Born out of Wedlock, Dealing in Infant Children
Delaware – Similar to Chester
Lancaster – Similar to Chester + Obscene + Other Sexual Materials, Violation of Controlled Substance, Drug, Device, or Cosmetic Act
Lawrence – Homicide, Murder, In/vol Manslaughter, Causing or Aiding Suicide, Homicide by Vehicle / DUI
Lehigh – Criminal homicide, homicide by vehicle, Agg Assault, Rape, Arson, Persons not to Possess Firearms, Ethnic Intimidation, Controlled Substance, Criminal Attempt/Solicitation/Conspiracy. Also, any complaints / warrants for rearrest of previouslly discharged D where it was for a failure to provde a prima facie case (smart!). Additionally, if the affidavit contains information, the disclosure of which, in the opinion of the police, would endanger the safety of an informant, jeopardize the integrity of an ongoing criminal investigation, or which for any other reason should not be disclosed at or about the time of the execution of the warrants. The judicial officer shall ask the police, prior to accepting an affidavit, whether it contains any such information, and if the police indicate it does, the judicial officer shall require that it be submitted to an attorney for the Commonwealth for approval in accordance with this Rule.
Luzerne – Rape, Stat Sexual Assault, Robbery, Arson, Controlled Substance Abuse Act, Kidnapping, Homicide by Vehicle, Corrupt Organizations, Ethnic Intimidation, Bribery, Obstructing Administration of Law, Abuse of Office, Wiretapping / Electronic Surveillance, Obscene / Sexual Materials
Lycoming – Simple Assault, Unlawful Restraint, False Imprisonment, Recklessly Engangering Another Person, Luring a Child Into a Motor Vehicle, Indecent Assault, Concealing the Death of a Child, Endangering the Welfare of a Child, Corruption of Minors — most unconventional collection I’ve seen.
Monroe – Any felony of the first degree under the Pennsylvania Crimes Code, or any felony under the Controlled Substance, Drug, Device and Cosmetic Act of Pennsylvania.
Montgomery – Criminal Homicide Offenses
Somerset – Homicide, Murder, In/vol Manslaughrer, Homicide by vehicle, Rape, Assault, Incest
Sullivan-Wyoming - Homicide, Murder, In/vol Manslaughter, Rape, Homicide by Motor Vehicle, Agg Assault
Venango – Homicide, Agg Assault, Kidnapping, Rape, Catastrophe, Arson, Bribery, Perjury, False Swearing, Official Oppression, Riot, Lotteries, Gambling, Wiretapping, Obscenity, Public Nuisance, Drug Act, Homicide by Vehicle
Incoming search terms:
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- arson and rape both crimes to assert power
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{ 3 comments… read them below or add one }
No 234 Pa. Code 507 orders in Centre County? Not sure why, but I’m surprised to see that.
ps, who you backing for the Centre County DA election? After the Rogers trial and Lance Marshall, Madiera should see the door. DeBoef has a strong reputation for criminal defense on the local bar.
I was a bit surprised not to see Centre County on the list either.
DeBoef doesn’t get my endorsement, though. He’s very disorganized and unreliable in my experience.
substance abuse could sometimes be deadly and it always destroys lives.`;