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Due Process Limits On Sentencing Power: A Critique Of Pennsylvania's Imposition Of A Recidivist Mandatory Sentence Without A Prior Conviction, Leonard N. Sosnov

Leonard N Sosnov

Pennsylvania has an Accelerated Rehabilitative Disposition (ARD) program which provides for pretrial diversion for accepted defendants. In exchange for avoiding the risk of conviction, the defendant agrees to supervision or treatment for a specified period of time. Successful completion can lead to dismissal of the charges, while a violation may result in reinstatement of the charges and a criminal trial.

Pennsylvania, like most states, also has recidivist sentencing provisions for repeat offenders. It has chosen to include a prior ARD acceptance in its definition of a prior conviction for purposes of its mandatory sentence recidivist drunk driving laws. The article …