Ernie Preate

Last updated

Ernie Preate
41st Attorney General of Pennsylvania
In office
January 17, 1989 [1]  June 23, 1995 [2]

Ernest D. Preate, Jr. was born November 22, 1940, in Scranton, Pennsylvania, the son of Attorney & Mrs. Ernest D. Preate, Sr. Graduate of The Scranton Preparatory School – 1958, University of Pennsylvania, Wharton School, B.S. Economics 1962, University of Pennsylvania Law School, J.D. 1965.

Military service

He served in the United States Marine Corps from 1966 to 1969 as Infantry Platoon Commander. He spent 13 months in combat in Vietnam and was honorably discharged with the rank of Captain. Preate earned 5 medals for combat service. [7]

Career

Preate was elected Lackawanna County District Attorney in 1977 and served until 1989. He was an active trial prosecutor, specializing in homicide and drug cases. As District Attorney, he won all 19 murder cases that went to verdict and obtained the death penalty in 5 cases. His numerous appellate arguments include 2 major cases before the U.S. Supreme Court where he was successful in getting the Court to hold, as Constitutional, Pennsylvania's Death Penalty Law (which he would later argue against) and its Abortion Control Act.

He was a member of the National Association of Attorneys General where his colleagues elected him Chairman of the Criminal Law Committee. He was the Association's official delegate to the American Bar Association, where he was co-founder and first chair of the Government and Public Sector Lawyers Division of the American Bar Association and received numerous awards for his service to law enforcement and the justice system.

Conviction

He was elected Attorney General of Pennsylvania in 1988, taking office in 1989. He was re-elected in 1992, but resigned that position in 1995 after being charged with federal racketeering and corruption. He pleaded guilty to mail fraud involving a $20,000.00 campaign contribution [8] and served a year in Federal prison. [3] [6] [9] He was succeeded as Attorney General by Tom Corbett, who later went on to become Governor of Pennsylvania.

Later career

Since his return to Scranton, he has resumed the practice of law, doing criminal and civil trial work. He has also been retained as a lobbyist by numerous prison and Criminal Justice Reform groups. He has served as a consultant to Chuck Colson's Prison Fellowship in Reston, Virginia, which advocates rehabilitative and faith-based reform of the criminal justice system and has become outspoken about the shortcomings of the U.S. criminal justice system, urging reforms to enable the public to have greater confidence that justice was done in judicial proceedings.[ citation needed ]

He now believes that there ought to be a moratorium on the carrying out of the death penalty under the very statute he successfully defended in the U.S. Supreme Court. He now believes that as it has been applied, it falls unevenly and unfairly on people of color, and that the criminal justice system often inadequately provides effective assistance of counsel to those accused.[ citation needed ]

Reform

As a lobbyist, Preate has promoted legislative consideration of public policy initiatives such as provision of tests to prisoners. This proposal was signed into law on July 10, 2002.[ citation needed ] He also calls for Pennsylvania to do a first in a generation study of the prisoner population to see if there are better ways that the 7,500 mentally ill and intellectually disabled prisoners can be compassionately dealt with, that the 7,000 Hepatitis C prisoners can be effectively treated, that the thousands of sick, disabled, or dying geriatric prisoners can be humanely managed, and, that Pennsylvania's often arbitrary and rehabilitative stifling parole system be revamped.[ citation needed ] For such advocacy, he was appointed to the Legislative Joint State Government Advocacy Committee studying those issues.[ citation needed ]

In the Spring of 2008, he testified before the U.S. Congress at the request of Representative John Dingell (Democrat from Michigan), Chair House Judiciary Committee on the reforms to the Prisoner Litigation Control Act.[ citation needed ] He attributes his changed views to the insight and perspective he experienced as a defendant and prisoner in the Criminal Justice System, and, to his near-death experience as a result of a motorcycle accident he suffered in June, 1997.[ citation needed ] Because of his work on behalf of prisoners, he was elected to the Boards of the Pennsylvania Prison Society, Justice & Mercy, and, Citizens United for the Rehabilitation of Errants. The Lifers’ Association of Prisoners recently thanked him saying, “You now walk among the powerless, yet your goal remains fixed: Justice for the rich and the poor”.[ citation needed ]

He is a member of the Pennsylvania Legislature's Joint State Government Commission's Advisory Committee studying the reasons for the wrongful incarceration of so many innocent prisoners.[ citation needed ] He is also Solicitor for the Borough of Clark's Summit, Pennsylvania. And he just [ when? ] completed a two-year term as Chairman of the Board of a regional agency for seven counties in Northeastern Pennsylvania that promotes economic development and aid to local governments.[ citation needed ]

Personal

He is the father of twin daughters, Elizabeth and Alexandra, and, a third daughter, Dominique.[ citation needed ] In 2022, daughter Liz Preate Havey was Chairwoman of Montgomery County, PA., Republicans. [10]

Related Research Articles

A plea bargain is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.

Life imprisonment is any sentence of imprisonment for a crime under which convicted criminals are to remain in prison for the rest of their natural lives. Crimes that warrant life imprisonment are extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.

<span class="mw-page-title-main">Criminal justice</span> Justice to those who have committed crimes

Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.

<span class="mw-page-title-main">Dick Thornburgh</span> 76th United States Attorney General

Richard Lewis Thornburgh was an American lawyer, author, and politician who served as the 76th United States attorney general from 1988 to 1991 under presidents Ronald Reagan and George H. W. Bush. A Republican, he previously served as the 41st governor of Pennsylvania and as the U.S. attorney for the Western District of Pennsylvania.

<span class="mw-page-title-main">Bob Casey Sr.</span> Governor of Pennsylvania from 1987 to 1995

Robert Patrick Casey Sr. was an American lawyer and politician from Pennsylvania who served as the 42nd governor of Pennsylvania from 1987 to 1995. He served as a member of the Pennsylvania Senate for the 22nd district from 1963 to 1968 and as Auditor General of Pennsylvania from 1969 to 1977.

Skinner v. State of Oklahoma, ex rel. Williamson, 316 U.S. 535 (1942), is a unanimous United States Supreme Court ruling that held that laws permitting the compulsory sterilization of criminals are unconstitutional as it violates a person's rights given under the 14th Amendment of the United States Constitution, specifically the Equal Protection Clause and the Due Process Clause. The relevant Oklahoma law applied to "habitual criminals" but excluded white-collar crimes from carrying sterilization penalties.

Webster Lee "Webb" Hubbell is a former United States Associate Attorney General from 1993 to 1994 who as part of the Whitewater controversy pled guilty to one count of wire fraud and one count of failing to disclose a conflict of interest, and was sentenced to 21 months in prison.

<span class="mw-page-title-main">Capital punishment in India</span>

Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution per Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of cases'.

<span class="mw-page-title-main">Pennsylvania Attorney General</span> Attorney general for the U.S. state of Pennsylvania

The Pennsylvania attorney general is the chief law enforcement officer of the Commonwealth of Pennsylvania. It became an elected office in 1980. The current attorney general is Democrat Michelle Henry.

The penal system in China is composed of an administrative detention system and a judicial incarceration system. As of 2020, it is estimated that 1.7 million people had been incarcerated in China, which is the second-highest prison population after the United States. China also retains the use of the death penalty with the approval of the Supreme People's Court, and there is a system of death penalty with reprieve in which the sentence is suspended unless the convict commits another major crime within two years while they are detained.

In the United States, life imprisonment is the most severe punishment provided by law in states with no valid capital punishment statute, and second-most in those with a valid statute. According to a 2013 study, 1 of every 2 000 inhabitants of the U.S. were imprisoned for life as of 2012.

The legal system of Ukraine is based on civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is often used in support of the written law, as in many other legal systems. Historically, the Ukrainian legal system is primarily influenced by the French civil code, Roman Law, and traditional Ukrainian customary law. The new civil law books were heavily influenced by the German Bürgerliches Gesetzbuch.

<span class="mw-page-title-main">1994 Pennsylvania gubernatorial election</span>

The 1994 Pennsylvania gubernatorial election was held on November 8, 1994. The incumbent governor, Bob Casey, Sr. (Democrat), was barred from seeking a third term by the state constitution. The Republican Party nominated Congressman Tom Ridge, while the Democrats nominated Mark Singel, Casey's lieutenant governor. Ridge went on to win the race with 45% of the vote. Singel finished with 39%, and Constitution Party candidate Peg Luksik finished third, garnering 12% of the vote.

<span class="mw-page-title-main">Kids for cash scandal</span> Judicial kickbacks case in Pennsylvania

The kids for cash scandal centered on judicial kickbacks to two judges at the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania, US. In 2008, judges Michael Conahan and Mark Ciavarella were convicted of accepting money in return for imposing harsh adjudications on juveniles to increase occupancy at a private prison operated by PA Child Care.

Brian Preski is a Pennsylvania Republican former legislative staffer and government relations professional. He was a long-term legislative aide working as Chief of Staff for former Speaker of the Pennsylvania House of Representatives John Perzel.

<span class="mw-page-title-main">R. Seth Williams</span> Former district attorney

Rufus Seth Williams is a former district attorney of the city of Philadelphia. He began his term January 4, 2010. He formerly served as an assistant district attorney. Williams was the first African-American district attorney in Philadelphia and in the Commonwealth of Pennsylvania. On March 21, 2017, Williams was indicted on 23 counts of bribery, extortion, and fraud. His trial began June 19, 2017. He resigned and pleaded guilty to one charge on June 29, 2017.

<span class="mw-page-title-main">Kathleen Kane</span> Pennsylvania politician

Kathleen Margaret Kane is an American former politician and lawyer who served as the 48th Attorney General of Pennsylvania from 2013 until her resignation in 2016 following her conviction for perjury, obstruction of justice, and related charges for illegal activities while she was attorney general. She was the first woman and first Democrat ever elected to the position.

<span class="mw-page-title-main">Incarceration in Norway</span> Overview of incarceration in Norway

Norway's criminal justice system focuses on the principles of restorative justice and the rehabilitation of prisoners. Correctional facilities in Norway focus on maintaining custody of the offender and attempting to make them functioning members of society. Norway's prison system is renowned as one of the most effective and humane in the world.

Hutto v. Finney, 437 U.S. 678 (1978), is a landmark Supreme Court case against the Arkansas Department of Correction. The litigation lasted almost a decade, from 1969 through 1978. It was the first successful lawsuit filed by an inmate against a correctional institution. The case also clarified the Arkansas prison system's unacceptable punitive measures. Hutto v. Finney was a certiorari to the United States Court of Appeals for the Eighth Circuit.

<span class="mw-page-title-main">Judicial system of the Islamic Republic of Iran</span> One of the three forces in Islamic republic of Iran

The Islamic Republic of Iran was founded after the 1979 overthrow of the Pahlavi dynasty by the Islamic Revolution, and its legal code is based on Islamic law or sharia, although many aspects of civil law have been retained, and it is integrated into a civil law legal system. According to the constitution of the Islamic Republic, the judiciary in Iran "is an independent power". The entire legal system—"from the Supreme Court to regional courts, all the way down to local and revolutionary courts"—is under the purview of the Ministry of Justice, but in addition to a Minister of Justice and head of the Supreme Court, there is also a separate appointed Head of the Judiciary. Parliamentary bills pertaining to the constitution are vetted by the Council of Guardians.

References

  1. "Casey welcomes Knoll, Hafer, Preate to Office". The Pittsburgh Post-Gazette. January 18, 1989. Retrieved November 21, 2011.[ permanent dead link ]
  2. Moran, Robert (June 24, 1995). "Preate Is Gone But Not Quite Forgotten The Attorney General's Resignation Became Official Yesterday". The Philadelphia Inquirer . p. A-1. Archived from the original on March 4, 2016. Retrieved November 13, 2012.
  3. 1 2 "Ernest D. Preate, Jr". Law Offices of Ernest D. Preate, Jr. Archived from the original on March 16, 2012. Retrieved November 26, 2011.
  4. "Pennsylvania's No. 3 Official Agrees to Plea On Mail Fraud". The New York Times . Pennsylvania. June 10, 1995. Retrieved January 30, 2016.
  5. "Google Scholar" . Retrieved January 30, 2016.
  6. 1 2 "Judge invokes seldom-used law: Orie must pay back taxpayers for her legal defense - philly-archives". Philly.com. July 5, 2012. Retrieved January 30, 2016.
  7. "Gettysburg Times - Google News Archive Search" . Retrieved January 30, 2016.
  8. Phillymag (May 8, 2008). "Power: The Importance of Being Ernie - Page 5 of 6 - Articles". Phillymag.com. Archived from the original on July 18, 2013. Retrieved January 30, 2016.
  9. "Ernie Preate". Newsle.com. Archived from the original on November 19, 2013. Retrieved 2016-01-30.
  10. "David McCormick allies hope to avoid a GOP Senate primary fight in Pa" . Retrieved March 13, 2023.
Legal offices
Preceded by Attorney General of Pennsylvania
19891995
Succeeded by
Party political offices
Preceded by Republican nominee for Attorney General of Pennsylvania
1988, 1992
Succeeded by