Due Process Limits on Sentencing Power: A Critique of Pennsylvania's Imposition of a Recidivist Mandatory Sentence without a Prior Conviction

Authors

Leonard N. Sosnov

Abstract

This article analyzes the constitutionality of Pennsylvania's recidivist mandatory sentencing provision for Driving Under the Influence ("DUI"). The statute provides for minimum mandatory sentences of increased severity for second and subsequent offenses. Prior acceptance of a pre-trial diversion program ("ARD"), where no proof of guilt is offered, is considered a prior conviction for recidivist sentencing purposes. This article examines this practice and concludes that it violates the Constitution.

First Page

461

Recommended Citation

Leonard N. Sosnov, Due Process Limits on Sentencing Power: A Critique of Pennsylvania's Imposition of a Recidivist Mandatory Sentence without a Prior Conviction, 32 Duq. L. Rev. 461 (1994).
Available at: https://dsc.duq.edu/dlr/vol32/iss3/4