The Pennsylvania Supreme Court (SCOPA) recently addressed a critical legal question in the case of Commonwealth v. Roberts, 16 WAP 2023, examining the mens rea requirements for registration violations. Mens rea, meaning “guilty mind” in Latin, refers to the mental state or intent a defendant must have while committing a crime to be held criminally liable. It distinguishes intentional or…
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Back in June of 2023 we published an article Are the Courts the New Galileo? It focused on Supreme Court of Pennsylvania (SCOPA) shifting away from the popular “frightening and high” myth and moving to uphold the science that persons forced to register (“PFRs”) pose a very low recidivism risk. Justice Kevin Brobson was quoted when referring to the Court…
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Introduction The long-awaited Commonwealth v. Torsilieri (Pa. 2024) (Torsilieri II) opinion finally dropped on May 31, 2024 – fifty-three weeks after the Supreme Court of Pennsylvania (SCOPA) heard oral arguments. What PARSOL hoped would be a ‘slam dunk’ win after the Chester County Court of Common Pleas decided twice in the defendant’s favor only became a huge disappointment. SCOPA, in…
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HARRISBURG, PA – The Pennsylvania Association for Rational Sexual Offense Laws (PARSOL) decries the Supreme Court of Pennsylvania’s decision to reverse Chester County Judge Allison Bell Royer’s finding in the case of Comm. v. George Torsilieri that Pennsylvania’s Megan’s Law Sex Offender Registration and the Notification Act (SORNA) are unconstitutional. Mr. Torsilieri and more than 23,000 Pennsylvanians will continue to…
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As Pennsylvania observes both Autism Acceptance Month and Sexual Assault Prevention Month this April, the Pennsylvania Association for Rational Sexual Offense Laws (PARSOL) has released a new report focusing on individuals with autism spectrum disorders and other intellectual and developmental disabilities who are involved in sexual offense cases.
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What happens when you suspend legal precedent and standing rules? Destruction and loss. Today, we’re looking at the suspension of certain statute of limitations laws in New Jersey, as Pennsylvania has similar pending legislation under consideration in the Pennsylvania Senate. The Cadets Drum & Bugle Corps Shuts Down due to 40-Year Old Allegation Participants, family members, alumni, and supporters of…
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The case of Com. v. McGinnis involves the admissibility of expert testimony on false or distorted memories in children who are alleged victims of sexual abuse. The complainant, J.M., disclosed to his mother in 2013 that his father (the defendant) had sexually abused him years prior. J.M. was found competent to testify at trial. The defense sought to introduce expert…
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In Commonwealth v. McGinnis, the Supreme Court of Pennsylvania (SCOPA) was asked “whether ‘generic’ false memories expert testimony in a child sexual abuse prosecution, which the defendant is presenting solely to educate jurors about how legitimate and false/distorted memories are and can be created in children, is admissible at trial.”On Dec. 1, SCOPA released their evenly divided opinion. Therefore, affirming…
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During her confirmation hearings, now Supreme Court Justice Ketanji Brown Jackson and former vice-chair of the USSC commission said, reflecting the Commission’s stance on sexual offenses and sentencing: The statute doesn’t say, “Look only at the guidelines and stop.”The statute doesn’t say, “Impose the highest possible penalty for this sickening and egregious crime.”The statute says, “Calculate the guidelines, but also…
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The Pennsylvania Supreme Court (SCOPA) heard oral arguments in Commonwealth v. Torsilieri on May 23, 2023. I don’t think the arguments were all too exciting. However, several interesting issues were made such as at what recidivism rate the General Assembly considers to be “high risk”, whether the irrebuttable presumption test is useful anymore, whether “not universally true” an accurate benchmark…
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