How has the Armed Career Criminal bill worked, in your experience, in sending those cases to Federal court?
Arlen Specter
The Public Record
Arlen Specter was a prominent American politician who served as a U.S. Senator from Pennsylvania for 30 years, from 1981 to 2011. Originally a member of the Republican Party, he switched to the Democratic Party in 2009. During his tenure, Specter was known for his moderate positions and played a key role in various significant legislative efforts, including judicial nominations and health care reform. He was involved in high-profile hearings, including those related to the 9/11 attacks and the confirmation of Supreme Court justices.
When I got to the Senate, I introduced legislation which became the Armed Career Criminal bill, that anybody convicted of three or more offenses, like robbery, burglary, drug sales, found in possession of a firearm, would be tried in the…
Well, it's a pretty big omission, not to register the fugitives with the national system.
I think a hybrid of appointment and direct election, I think, would be helpful in the Commonwealth of Pennsylvania.
There was an effort made in the Constitutional Convention of 1969 to change the election of judges.
We've talked about, extensively, the fugitive problem, some comments about the intimidation of witnesses.
But we ought to explore ways of implementing trial by absentia, which would put people on notice that they can't game the system and have witnesses not show up because they failed to appear.
Because the appellate courts have upheld it. There is a constitutional right to a jury trial, so we can't change it by legislation.
Would there be any utility in having a separate offense or indicting for a separate criminal charge?
What happens to the person who has skipped bail? Is there an additional penalty, an additional charge?
Well, I understand the problems that the Clerk of Quarter Sessions has, Ms. Vivian Miller. She's your superior, right?
Well, I believe that for the most part the sentencing is not the issue when it comes to our fugitive problem.
It would be, probably, technical if you have a colloquy and you say, if you fail to show up, do you hereby waive your right to a jury trial?
So the statute does allow for increasing the penalty which is prescribed by statute for an offense?
The efforts that Senator Biden made to have Federal funding and Federal grants ought to be carried forward.
We have had a number of efforts to bring the Federal Government into the bail picture.
Would you recommend to a city like Philadelphia that they go back to commercial bail?
So this is a national problem. Those figures cited not only Federal, but State and local as well, correct?
So, frequently, the expression, the attorney-client relationship has not been consummated, taking that expression.
There have been some suggestions of seeking family sureties with the home property as collateral. Do you think that is worth exploring?
You are the first District Attorney who didn't work in my office in modern times.
Well, trial in absentia, which means trial in their absence, has been upheld by the appellate courts.
Is there any penalty attached for somebody who comes forward in the Safe Surrender program?
This is a matter where I think the Federal Government ought to play a significant role.





