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Series

All Faculty Scholarship

2020

University of Pennsylvania Carey Law School

Criminal justice policy

Public Affairs, Public Policy and Public Administration

Articles 1 - 2 of 2

Full-Text Articles in Law

The Saga Of Pennsylvania’S “Willie Horton” And The Commutation Of Life Sentences In The Commonwealth, Regina Austin Feb 2020

The Saga Of Pennsylvania’S “Willie Horton” And The Commutation Of Life Sentences In The Commonwealth, Regina Austin

All Faculty Scholarship

In 1994, Reginald McFadden’s sentence of life without the possibility of parole was commuted by the governor of Pennsylvania, and he was shipped to New York to be supervised by a bunch of amateurs. Within roughly 90 days, he murdered two people, raped and kidnapped a third, and possibly murdered a fourth. McFadden proved to be Lieutenant Governor Mark Singel’s “Willie Horton.” Singel, who had voted for McFadden’s release as a member of the Board of Pardons, lost the gubernatorial election to his Republican opponent who ran on a “life-means-life” platform. Compounding the tragedy of McFadden’s actions, the Pennsylvania Constitution …


Detention By Any Other Name, Sandra G. Mayson Jan 2020

Detention By Any Other Name, Sandra G. Mayson

All Faculty Scholarship

An unaffordable bail requirement has precisely the same effect as an order of pretrial detention: the accused person is jailed pending trial. It follows as a logical matter that an order requiring an unaffordable bail bond as a condition of release should be subject to the same substantive and procedural protections as an order denying bail altogether. Yet this has not been the practice.

This Article lays out the logical and legal case for the proposition that an order that functionally imposes detention must be treated as an order of detention. It addresses counterarguments and complexities, including both empirical and …