reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part A - General Provisions › Rule 608 - Motion for Judgment of Acquittal After Discharge of Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) TIME FOR
				MOTION.
(1) Oral Motion.
An oral motion for judgment of acquittal may be made and
				  decided at the time the jury is discharged without agreeing upon a verdict if
				  the defendant so agrees on the record.
(2) Written Motion.
A written motion for judgment of acquittal shall be filed
				  within 10 days after the jury has been discharged without agreeing upon a
				  verdict.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part B - Non-Jury Procedures › Rule 620 - Waiver of Jury Trial

Current through Register Vol. 54, No. 28, July 13, 2024
In all cases, the defendant and the attorney for the
				  Commonwealth may waive a jury trial with approval by a judge of the court in
				  which the case is pending, and elect to have the judge try the case without a
				  jury. The judge shall ascertain from the defendant whether this is a knowing
				  and intelligent waiver, and such colloquy shall appear on the record. The
				  waiver shall be in writing, made a part of the record, and signed by the
				  defendant, the attorney for the Commonwealth, the judge, and the defendant's
				  attorney as a witness.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part B - Non-Jury Procedures › Rule 621 - Procedure When Jury Trial Is Waived

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a jury trial is waived, the trial
				judge shall determine all questions of law and fact and render a verdict which
				shall have the same force and effect as a verdict of a jury.
(B) At any time before the commencement of
				trial, a waiver of a jury trial or the judge's approval thereof may be
				withdrawn.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part B - Non-Jury Procedures › Rule 622 - Time for Court Action Following Non-Jury Trial

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A verdict shall be rendered in all
				non-jury cases within 7 days after trial.
(B) In any case in which a summary offense is
				joined with the misdemeanor, felony, or murder charges that were tried before
				the trial judge, the trial judge shall render a verdict on the summary offense,
				and impose sentence if the judge finds the defendant guilty of the summary
				offense, even in cases in which the judge has dismissed or found the defendant
				not guilty on the misdemeanor, felony, or murder charges.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C - Jury Procedures › Rule 625 - Juror Qualification Form, Lists of Trial Jurors, and Challenge to the Array

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				JUROR QUALIFICATION FORM AND LISTS OF TRIAL JURORS.
(1) The officials designated by law to select
				persons for jury service shall:
(a) devise,
				distribute, and maintain juror qualification forms as provided by
				law;
(b) prepare, publish, and post
				lists of the names of persons to serve as jurors as provided by law;
				and
(c) upon the request of the
				attorney for the Commonwealth or the defendant's attorney, furnish the list
				containing the names of prospective jurors prepared pursuant to paragraph
				(A)(1)(b); and
(d) make available
				for review and copying copies of the juror qualification forms returned by the
				prospective jurors.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C - Jury Procedures › Rule 626 - Preliminary Instructions to Prospective and Selected Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A) For purposes of
				this rule,
(1) The term "prospective jurors"
				means those persons who have been chosen to be part of the panel from which the
				trial jurors and alternate jurors will be selected;
(2) The term "selected jurors" means those
				members of the panel who have been selected to serve as trial jurors or
				alternate jurors; and
(3) The term
				"jury service" means service as (1) members of the jury array, (2) prospective
				jurors, and (3) selected jurors.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C - Jury Procedures › Rule 627 - Sanctions for Use of Prohibited Electronic Devices

Current through Register Vol. 54, No. 28, July 13, 2024
Any individual who violates the provisions of Rule 112(A)
				  prohibiting recording or broadcasting during a judicial proceeding or who
				  violates the Court's instructions required by Rule 626 regarding the use of
				  electronic devices by jurors or who violates any limitation imposed by a local
				  rule or by the trial judge regarding the prohibited use of electronic devices
				  during court proceedings:
(1) may be
				found in contempt of court and sanctioned in accordance with
				42 Pa.C.S. §
										4132
et seq.
; and
(2)
				may be subject to sanctions deemed appropriate by the trial judge, including,
				but not limited to, the confiscation of the electronic device that is used in
				violation of these rules.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(1) - Impaneling Jury › Rule 631 - Examination and Challenges of Trial Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Voir dire
of prospective
				trial jurors and prospective alternate jurors shall be conducted, and the
				jurors shall be selected, in the presence of a judge, unless the judge's
				presence is waived by the attorney for the Commonwealth, the defense attorney,
				and the defendant, with the judge's consent.
(B) This oath shall be administered
				individually or collectively to the prospective jurors:
"You do solemnly swear by Almighty God (or do declare and
				  affirm) that you will answer truthfully all questions that may be put to you
				  concerning your qualifications for service as a juror."
(C) Upon completion of the oath, the judge
				shall instruct the prospective jurors upon their duties and restrictions while
				serving as jurors, and of any sanctions for violation of those duties and
				restrictions, including those provided in Rule 626(C) and Rule 627.
(D)
Voir dire
, including the
				judge's ruling on all proposed questions, shall be recorded in full unless the
				recording is waived. The record will be transcribed only upon written request
				of either party or order of the judge.
(E) Prior to
voir dire
, each
				prospective juror shall complete the standard, confidential juror information
				questionnaire as provided in Rule 632. The judge may require the parties to
				submit in writing a list of proposed questions to be asked of the jurors
				regarding their qualifications. The judge may permit the defense and the
				prosecution to conduct the examination of prospective jurors or the judge may
				conduct the examination. In the latter event, the judge shall permit the
				defense and the prosecution to supplement the examination by such further
				inquiry as the judge deems proper.
(F) In capital cases, the individual
voir dire
method must be used, unless the defendant waives
				that alternative. In non-capital cases, the trial judge shall select one of the
				following alternative methods of
voir dire
, which shall apply
				to the selection of both jurors and alternates:
(1) INDIVIDUAL
VOIR DIRE
AND
				CHALLENGE SYSTEM.
(a)
Voir
				dire
of prospective jurors shall be conducted individually and may be
				conducted beyond the hearing and presence of other jurors.
(b) Challenges, both peremptory and for
				cause, shall be exercised alternately, beginning with the attorney for the
				Commonwealth, until all jurors are chosen. Challenges shall be exercised
				immediately after the prospective juror is examined. Once accepted by all
				parties, a prospective juror shall not be removed by peremptory challenge.
				Without declaring a mistrial, a judge may allow a challenge for cause at any
				time before the jury begins to deliberate, provided sufficient alternates have
				been selected, or the defendant consents to be tried by a jury of fewer than
				12, pursuant to Rule 641.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(1) - Impaneling Jury › Rule 632 - Juror Information Questionnaire

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Prior to voir dire:
(1) Each prospective juror shall complete and
				verify the standard, confidential juror information questionnaire required by
				paragraph (H) of this rule, and any supplemental questionnaire provided by the
				court.
(2) The president judge
				shall designate the method for distributing and maintaining the juror
				information questionnaires.
(3) The
				trial judge and the attorneys shall receive copies of the completed
				questionnaires for use during voir dire, and the attorneys shall be given a
				reasonable opportunity to examine the questionnaires.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(1) - Impaneling Jury › Rule 633 - Examination and Challenges of Alternate Trial Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The trial judge may direct that a
				reasonable even number of jurors in addition to the principal jurors be called
				and impaneled to sit as alternate jurors.
(B) When alternate jurors are selected in
				trials involving only one defendant, the defendant and the Commonwealth shall
				each be entitled to one peremptory challenge for each 2 alternate jurors to be
				selected. When alternate jurors are selected in trials involving joint
				defendants, each defendant shall be entitled to one peremptory challenge for
				each two 2 alternate jurors to be selected and the Commonwealth shall be
				entitled to peremptory challenges equal in number to the total number of
				peremptory challenges given to all of the defendants. All peremptory challenges
				remaining unexercised after the selection of the principal 12 jurors shall be
				considered exhausted, and in no case may the challenges reserved for the
				selection of alternates be added to the number allowed during the selection of
				the principal 12.
(C) Alternate
				jurors shall be examined, challenged, and selected in the same manner as the
				principal jurors.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(1) - Impaneling Jury › Rule 634 - Number of Peremptory Challenges

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Trials Involving Only One Defendant:
(1) In trials involving misdemeanors only and
				when there is only one defendant, the Commonwealth and the defendant shall each
				be entitled to 5 peremptory challenges.
(2) In trials involving a non-capital felony
				and when there is only one defendant, the Commonwealth and the defendant shall
				each be entitled to 7 peremptory challenges.
(3) In trials involving a capital felony and
				when there is only one defendant, the Commonwealth and the defendant shall each
				be entitled to 20 peremptory challenges.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(1) - Impaneling Jury › Rule 635 - Exhaustion of the Jury Panel

Current through Register Vol. 54, No. 28, July 13, 2024
When a sufficient number of qualified jurors are not present
				  to permit selection of a jury, the court shall:
(1) Require the officials designated by law
				to summon prospective jurors to summon and return immediately from the county
				at large as many qualified and competent persons as shall be necessary;
				or
(2) Order in writing that the
				officials designated by law to summon prospective jurors produce the jury wheel
				or master list in open court in the presence of the judge, and draw therefrom
				five names for each juror required. A venire shall then be issued requiring
				that those persons so drawn be brought into court at a time certain.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(2) - Conduct of Jury Trial › Rule 640 - Swearing the Trial Jury to Hear the Cause

Current through Register Vol. 54, No. 28, July 13, 2024
(A) After all jurors have been selected, the
				jury, including any alternates, shall be sworn as a body to hear the
				cause.
(B) The following oath shall
				be administered:
"You do solemnly swear by Almighty God and those of you who
				  affirm do declare and affirm that you will well and truly try the issue joined
				  between the Commonwealth and the defendant(s), and a true verdict render
				  according to the evidence."
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(2) - Conduct of Jury Trial › Rule 641 - Agreement to be Tried by Fewer Than Twelve Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
In all cases, at any time after a jury of 12 is initially
				  sworn and before verdict, the defendant and the attorney for the Commonwealth,
				  with approval of the judge, may agree to a jury of fewer than 12 but not fewer
				  than 6. Such agreement shall be made a part of the record. The verdict in such
				  a case shall have the same force and effect as a verdict by a jury of
				  12.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(2) - Conduct of Jury Trial › Rule 642 - Sequestration of Trial Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The trial judge may, in the judge's discretion, order sequestration of trial
				jurors in the interests of justice.
(B) When sequestration is ordered, each
				juror, including any alternate, shall be sequestered from the time of
				acceptance as a juror until discharged.
(C) Nothing is paragraph (B) shall prevent a
				trial judge from ordering sequestration, or vacating the order of
				sequestration, at any time during a trial when the interests of justice
				require.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(2) - Conduct of Jury Trial › Rule 643 - View by Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The trial judge may in the judge's discretion order a view by the
				jury.
(B) The trial judge, the
				attorney for the Commonwealth, the defendant and defendant's attorney shall be
				present at the view, except as provided in Rule 602.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(2) - Conduct of Jury Trial › Rule 644 - Note Taking by Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Jurors shall be permitted to take notes
				during opening statements, the presentation of evidence, and closing arguments
				for their use during deliberations.
(1) The
				jurors shall not take notes during the judge's charge at the conclusion of the
				trial.
(2) The court shall provide
				materials to the jurors that are suitable for note taking. These are the only
				materials that may be used by the jurors for note taking.
(3) The court, the attorney for the
				Commonwealth, and the defendant's attorney, or the defendant if unrepresented,
				shall not request or suggest that jurors take notes, comment on the jurors'
				note taking, or attempt to read any notes.
(4) The notes of the jurors shall remain in
				the custody of the court at all times.
(5) The jurors may have access to their notes
				and use their notes only during the trial and deliberations. The notes shall be
				collected or maintained by the court at each break and recess, and at the end
				of each day of the trial.
(6) The
				notes of the jurors shall be confidential and limited to use for the jurors'
				deliberations.
(7) Before
				announcing the verdict, the jury shall return their notes to the court. The
				notes shall be destroyed by court personnel without inspection upon the
				discharge of the jury.
(8) The
				notes shall not be used as a basis for a request for a new trial, and the judge
				shall deny any request that the jurors' notes be retained and sealed pending a
				request for a new trial.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(2) - Conduct of Jury Trial › Rule 645 - Seating and Retention of Alternate Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Alternate jurors, in the order in which
				they are called, shall replace principal jurors who become unable or
				disqualified to perform their duties.
(B) Alternate jurors shall be retained after
				the jury retires to consider its verdict. The trial judge shall instruct the
				retained alternate jurors to continue to observe the admonitions to jurors
				until they are informed that a verdict has been returned or the jury has been
				discharged. A retained alternate juror shall not be permitted to be present in
				the jury room during deliberations unless he or she replaces a principal juror
				as provided in paragraph (C).
(C)
				After the jury has retired to consider its verdict, a principal juror who
				becomes unable to perform his or her duties or is disqualified may be replaced
				with a retained alternate juror only if the trial judge is satisfied that the
				proper jury function is not harmed by the replacement. To ensure this, the
				trial judge shall:
(1) colloquy the alternate
				juror on the record that the alternate juror has not been exposed to any
				improper influences; and
(2) once
				the jury is reconstituted following the replacement of the principal juror by
				the alternate juror, colloquy and instruct the reconstituted jury on the record
				that:
(a) The jurors understand that the
				reason the discharged juror was being replaced has nothing to do with the
				discharged juror's views on the case; and
(b) The reconstituted jury understands that
				they must set aside and disregard all past deliberations and begin
				deliberations anew so as to eliminate the influence of the excused juror and so
				that the reconstituted jury will consider the evidence in the context of full
				and complete deliberations with the new juror.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(2) - Conduct of Jury Trial › Rule 646 - Material Permitted in Possession of the Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Upon retiring, the jury may take with it
				such exhibits as the trial judge deems proper, except as provided in paragraph
				(C).
(B) The trial judge may permit
				the members of the jury to have for use during deliberations written copies of
				the portion of the judge's charge on the elements of the offenses, lesser
				included offenses, and any defense upon which the jury has been instructed.
(1) If the judge permits the jury to have
				written copies of the portion of the judge's charge on the elements of the
				offenses, lesser included offenses, and any defense upon which the jury has
				been instructed, the judge shall provide that portion of the charge in its
				entirety.
(2) The judge shall
				instruct the jury about the use of the written charge. At a minimum, the judge
				shall instruct the jurors that
(a) The entire
				charge, written and oral, shall be given equal weight; and
(b) The jury may submit questions regarding
				any portion of the charge.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(2) - Conduct of Jury Trial › Rule 647 - Request for Instructions, Charge to the Jury, and Preliminary Instructions

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Before the taking of evidence, the trial judge shall give instructions to the
				jurors as provided in Rule 626.
(B)
				Any party may submit to the trial judge written requests for instructions to
				the jury. Such requests shall be submitted within a reasonable time before the
				closing arguments, and at the same time copies thereof shall be furnished to
				the other parties. Before closing arguments, the trial judge shall inform the
				parties on the record of the judge's rulings on all written requests and which
				instructions shall be submitted to the jury in writing. The trial judge shall
				charge the jury after the arguments are completed.
(C) No portions of the charge nor omissions
				from the charge may be assigned as error, unless specific objections are made
				thereto before the jury retires to deliberate. All such objections shall be
				made beyond the hearing of the jury.
(D) After the jury has retired to consider
				its verdict, additional or correctional instructions may be given by the trial
				judge in the presence of all parties, except that the defendant's absence
				without cause shall not preclude proceeding, as provided in Rule 602.
(E) The trial judge may give any other
				instructions to the jury before the taking of evidence or at anytime during the
				trial as the judge deems necessary and appropriate for the jury's guidance in
				hearing the case.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 6 - TRIAL PROCEDURES IN COURT CASES › Part C(2) - Conduct of Jury Trial › Rule 649 - Sealed Verdict

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Upon the consent of all parties the judge may permit the jury to seal its
				verdict.
(B) The sealed verdict
				shall remain in the custody of the foreman of the jury who shall bring it to
				the next session of court stated by the trial judge. Once a verdict is sealed,
				the jurors may separate, but all jurors must return to open court to render the
				jury's verdict, with all parties present.
(C) If upon the poll of a jury there is no
				concurrence with a sealed verdict, the judge shall not accept the verdict, but
				shall declare a mistrial and discharge the jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 700 - Sentencing Judge

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Except as provided in paragraph (B), the judge who presided at the trial or who
				received the plea of guilty or nolo contendere shall impose sentence unless
				there are extraordinary circumstances which preclude the judge's presence. In
				such event, another judge shall be assigned to impose sentence.
(B) A court may provide by local rule that
				sentence on a plea of guilty or nolo contendere may be imposed by a judge other
				than the judge who received a plea of guilty or nolo contendere. In such event,
				the defendant must be so notified at the time of entering the plea.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 701 - Pleas of Guilty to Multiple Offenses

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Before the imposition of sentence, the
				defendant may plead guilty to other offenses that the defendant committed
				within the jurisdiction of the sentencing court.
(B) When such pleas are accepted, the court
				shall sentence the defendant for all the offenses.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 702 - Aids in Imposing Sentence

Current through Register Vol. 54, No. 28, July 13, 2024
(A) PRE-SENTENCE INVESTIGATION REPORT.
(1) The sentencing judge may, in the judge's
				discretion, order a pre-sentence investigation report in any case.
(2) The sentencing judge shall place on the
				record the reasons for dispensing with the pre-sentence investigation report if
				the judge fails to order a pre-sentence report in any of the following
				instances:
(a) when incarceration for one year
				or more is a possible disposition under the applicable sentencing
				statutes;
(b) when the defendant is
				less than 21 years old at the time of conviction or entry of a plea of guilty;
				or
(c) when a defendant is a first
				offender in that he or she has not heretofore been sentenced as an
				adult.
(3) The
				pre-sentence investigation report shall include information regarding the
				circumstances of the offense and the character of the defendant sufficient to
				assist the judge in determining sentence.
(4) The pre-sentence investigation report
				shall also include a victim impact statement as provided by
				law.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 703 - Disclosure of Pre-Sentence Reports

Current through Register Vol. 54, No. 28, July 13, 2024
(A) All pre-sentence reports and related
				psychiatric and psychological reports shall be confidential, and not of public
				record. They shall be available to the sentencing judge, and to:
(1) An examining professional or facility
				appointed to assist the court in sentencing, unless the sentencing judge
				otherwise orders;
(2) The attorney
				for the Commonwealth and counsel for the defendant, for inspection and copying,
				unless the sentencing judge orders that they be available for inspection
				only.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 704 - Procedure at Time of Sentencing

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				TIME FOR SENTENCING.
(1) Except as provided by
				Rule 702(B), sentence in a court case shall ordinarily be imposed within 90
				days of conviction or the entry of a plea of guilty or nolo
				contendere.
(2) When the date for
				sentencing in a court case must be delayed, for good cause shown, beyond the
				time limits set forth in this rule, the judge shall include in the record the
				specific time period for the extension.
(3) In a summary case appeal, sentence shall
				be imposed immediately following a determination of guilt at a trial de novo in
				the court of common pleas.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 705 - Imposition of Sentence

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				When imposing a sentence to imprisonment, the judge shall state the date the
				sentence is to commence.
(B) When
				more than one sentence is imposed at the same time on a defendant, or when a
				sentence is imposed on a defendant who is sentenced for another offense, the
				judge shall state whether the sentences shall run concurrently or
				consecutively. If the sentence is to run concurrently, the sentence shall
				commence from the date of imposition unless otherwise ordered by the
				judge.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 705.1 - Restitution

Current through Register Vol. 54, No. 28, July 13, 2024
(A) At the time of
				sentencing, the judge shall determine what restitution, if any, shall be
				imposed.
(B) In any case in which
				restitution is imposed, the judge shall state in the sentencing order:
(1) The amount of restitution
				ordered;
(2) The details of a
				payment plan, if any, including when payment is to begin;
(3) The identity of the payee(s);
(4) to which officer or agency the
				restitution payment shall be made;
(5) whether any restitution has been paid and
				in what amount; and
(6) whether the
				restitution has been imposed as a part of the sentence and/or as a condition of
				probation.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 706 - Fines or Costs

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				court shall not commit the defendant to prison for failure to pay a fine or
				costs unless it appears after hearing that the defendant is financially able to
				pay the fine or costs.
(B) When the
				court determines, after hearing, that the defendant is without the financial
				means to pay the fine or costs immediately or in a single remittance, the court
				may provide for payment of the fines or costs in such installments and over
				such period of time as it deems to be just and practicable, taking into account
				the financial resources of the defendant and the nature of the burden its
				payments will impose, as set forth in paragraph (D) below.
(C) The court, in determining the amount and
				method of payment of a fine or costs shall, insofar as is just and practicable,
				consider the burden upon the defendant by reason of the defendant's financial
				means, including the defendant's ability to make restitution or
				reparations.
(D) In cases in which
				the court has ordered payment of a fine or costs in installments, the defendant
				may request a rehearing on the payment schedule when the defendant is in
				default of a payment or when the defendant advises the court that such default
				is imminent. At such hearing, the burden shall be on the defendant to prove
				that his or her financial condition has deteriorated to the extent that the
				defendant is without the means to meet the payment schedule. Thereupon the
				court may extend or accelerate the payment schedule or leave it unaltered, as
				the court finds to be just and practicable under the circumstances of record.
				When there has been default and the court finds the defendant is not indigent,
				the court may impose imprisonment as provided by law for nonpayment.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 707 - Documents Transmitted to Prison

Current through Register Vol. 54, No. 28, July 13, 2024
When a defendant is sentenced to a term of imprisonment of
				  two years or more, a copy of each of the following shall be delivered to the
				  person in charge of the correctional facility to which the defendant is
				  committed at the time the defendant is delivered thereto:
(1) any available pre-sentence investigation
				report;
(2) any report by a state
				correctional diagnostic and classification center; and
(3) any medical, psychiatric, or social
				agency report used by the sentencing judge in imposing sentence or by a
				probation department or state correctional diagnostic and classification center
				in compiling a report to the sentencing judge.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part A - Sentencing Procedures › Rule 708 - Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				written request for revocation shall be filed with the clerk of
				courts.
(B) Whenever a defendant
				has been sentenced to probation or intermediate punishment, or placed on
				parole, the judge shall not revoke such probation, intermediate punishment, or
				parole as allowed by law unless there has been:
(1) a hearing held as speedily as possible at
				which the defendant is present and represented by counsel; and
(2) a finding of record that the defendant
				violated a condition of probation, intermediate punishment, or
				parole.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part B - Post-Sentence Procedures › Rule 720 - Post-Sentence Procedures; Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(A) TIMING.
(1) Except as provided in paragraphs (C) and
				(D), a written post-sentence motion shall be filed no later than 10 days after
				imposition of sentence.
(2) If the
				defendant files a timely post-sentence motion, the notice of appeal shall be
				filed:
(a) within 30 days of the entry of the
				order deciding the motion;
(b)
				within 30 days of the entry of the order denying the motion by operation of law
				in cases in which the judge fails to decide the motion; or
(c) within 30 days of the entry of the order
				memorializing the withdrawal in cases in which the defendant withdraws the
				motion.
(3) If the
				defendant does not file a timely post-sentence motion, the defendant's notice
				of appeal shall be filed within 30 days of imposition of sentence, except as
				provided in paragraph (A)(4).
(4)
				If the Commonwealth files a timely motion to modify sentence pursuant to Rule
				721, the defendant's notice of appeal shall be filed within 30 days of the
				entry of the order disposing of the Commonwealth's motion.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part B - Post-Sentence Procedures › Rule 721 - Procedures for Commonwealth Challenges to Sentencing; Sentencing Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Commonwealth
				Challenges to Sentence
(1) The Commonwealth
				may challenge a sentence by filing a motion to modify sentence, by filing an
				appeal on a preserved issue, or by filing a motion to modify sentence followed
				by an appeal.
(2) Sentencing issues
				raised by the Commonwealth at the sentencing proceeding shall be deemed
				preserved for appeal whether or not the Commonwealth elects to file a motion to
				modify sentence on those issues.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part B - Post-Sentence Procedures › Rule 771 - Disposition Report to the Department of Transportation

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The clerk of courts shall report to the
				Pennsylvania Department of Transportation all dispositions of charges required
				by
				75 Pa.C.S. §
										6323
				(relating to reports by courts). The report shall be sent by electronic
				transmission in the form prescribed by the Department.
(B) The clerk of courts shall sign the report
				on the form prescribed by the Department by means of an electronic signature as
				authorized by Rule 103.
(C) The
				clerk of courts shall print out and sign a copy of the report, which shall
				include the date and time of the transmission, and a certification as to the
				adjudication, the sentence, if any, and the final disposition. The copy shall
				be made part of the record.
(D)
				Upon the request of the defendant, the attorney for the Commonwealth, or any
				other government agency, the clerk of courts shall provide a certified copy of
				the report required by this rule.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part C - Court Case Expungement Procedures › Rule 790 - Procedure for Obtaining Expungement in Court Cases; Expungement Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition for Expungement.
(1) Except as provided in Rule 320 (Procedure
				for Expungement Upon Successful Completion of ARD Program), Rule
				790.2 (Procedure for Expungement
				of Acquittals in Court Cases; Expungement Order), and
				35
				P.S. §
											780-119, an individual who
				satisfies the requirements for expungement may request expungement by filing a
				petition with the clerk of the courts of the judicial district in which the
				charges were disposed.
(2) The
				petition shall set forth:
(i) the
				petitioner's name and any aliases that the petitioner has used, address, date
				of birth, and social security number;
(ii) the name and address of the judge of the
				court of common pleas who accepted the guilty plea or heard the case;
(iii) the name and mailing address of the
				affiant as shown on the complaint, if available;
(iv) the Philadelphia Municipal Court docket
				number or the court of common pleas docket number, whichever applies;
(v) the offense tracking number
				(OTN);
(vi) the date on the
				complaint, or the date of arrest, and, if available, the criminal justice
				agency that made the arrest;
(vii)
				the specific charges, as they appear on the charging document, to be
				expunged;
(viii) the disposition
				and, if the sentence includes a fine, costs, or restitution, whether the amount
				due has been paid;
(ix) the
				reason(s) for expungement; and
(x)
				a verification by the petitioner that facts set forth in the petition are true
				and correct to the best of the petitioner's personal knowledge or information
				and belief. The verification may be by a sworn affidavit or by an unsworn
				written statement that the facts are verified subject to the penalties for
				unsworn falsification to authorities under the Crimes Code § 4904,
				18 Pa.C.S. §
												4904.
Additional information shall not be required by local rule or
				  practice.
(3)
				Unless the attorney for the Commonwealth agrees to waive this requirement, a
				current copy of the petitioner's Pennsylvania State Police criminal history
				report shall be attached to the petition. The copy shall be obtained from the
				Pennsylvania State Police within 60 days before filing the petition. Absent a
				waiver by the attorney for the Commonwealth, the judge shall not rule upon the
				petition until the Pennsylvania State Police criminal history report is
				filed.
(4) A copy of the petition
				shall be served on the attorney for the Commonwealth concurrently with
				filing.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part C - Court Case Expungement Procedures › Rule 790.2 - Procedure for Expungement of Acquittals in Court Cases; Expungement Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice
				of Acquittal.
(1) In any court case
				in which the defendant has been acquitted of all charges as provided in
				18 Pa.C.S. §
											9122(a)(4), within 10 days
				of the entry of the acquittal, the clerk of courts of the judicial district in
				which the charges were disposed or, if the charges were disposed of in the
				Philadelphia Municipal Court, the clerk of Municipal Court shall notify the
				defendant, defense counsel, if any, and the attorney for the Commonwealth that
				the case shall be ordered expunged, unless an objection is filed by the
				attorney for the Commonwealth.
(2)
				Thereafter, the case shall proceed as provided in subdivision (b) and (c) of
				this rule.
(3) The notice issued by
				the clerk of courts or by the clerk of Municipal Court under subdivision (a)(1)
				shall set forth:
(i) the defendant's name and
				any aliases that the defendant has used, address, date of birth, and social
				security number;
(ii) the name and
				address of the judge of the court of common pleas or of the Philadelphia
				Municipal Court, whichever applies, who heard the case;
(iii) the name and mailing address of the
				affiant as shown on the complaint or citation, if available;
(iv) the Philadelphia Municipal Court docket
				number or the court of common pleas docket number, whichever applies;
(v) the offense tracking number
				(OTN);
(vi) the date on the
				citation or complaint, or the date of arrest, and, if available, the criminal
				justice agency that made the arrest;
(vii) the specific charges, as they appear on
				the charging document, to be expunged; and
(viii) a statement that all the charges
				resulted in a not guilty finding.
Additional information shall not be required by local rule or
				  practice.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 800 - Applicability of Part A

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in Rule 801, the rules in Part A shall
				  apply to the guilt and penalty determination phases of all cases in which the
				  imposition of a sentence of death is authorized by law.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 801 - Qualifications for Defense Counsel in Capital Cases

Current through Register Vol. 54, No. 28, July 13, 2024
In all cases in which the attorney for the Commonwealth has
				  filed a Notice of Aggravating Circumstances pursuant to Rule 802, before an
				  attorney may participate in any stage of the case either as retained or
				  appointed counsel, the attorney must meet the educational and experiential
				  criteria set forth in this rule.
(1)
				EXPERIENCE: Counsel shall
(a) be a member in
				good standing of the Bar of this Commonwealth;
(b) be an active trial practitioner with a
				minimum of 5 years criminal litigation experience; and
(c) have served as lead or co-counsel in a
				minimum of 8 significant cases that were given to the jury for deliberations.
				If representation is to be only in an appellate court, prior appellate or
				post-conviction representation in a minimum of 8 significant cases shall
				satisfy this requirement. A "significant case" for purposes of this rule is one
				that charges murder, manslaughter, vehicular homicide, or a felony for which
				the maximum penalty is 10 or more years.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 802 - Notice of Aggravating Circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
The attorney for the Commonwealth shall file a Notice of
				  Aggravating Circumstances that the Commonwealth intends to submit at the
				  sentencing hearing and contemporaneously provide the defendant with a copy of
				  such Notice of Aggravating Circumstances. Notice shall be filed at or before
				  the time of arraignment, unless the attorney for the Commonwealth becomes aware
				  of the existence of an aggravating circumstance after arraignment or the time
				  for filing is extended by the court for cause shown.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 803 - Guilty Plea Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When a defendant charged with murder
				enters a plea of guilty to a charge of murder generally, the degree of guilt
				shall be determined by a jury unless the attorney for the Commonwealth elects
				to have the judge, before whom the plea is entered, alone determine the degree
				of guilt.
(B) If the crime is
				determined to be murder of the first degree the sentencing proceeding shall be
				conducted as provided by law.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 804 - Procedure When Jury Trial is Waived

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In all cases in which the defendant is
				charged with murder, the defendant and the attorney for the Commonwealth may
				waive a jury trial with approval by a judge of the court in which the case is
				pending In these cases, the trial judge shall alone hear the evidence,
				determine all questions of law and fact, and render a verdict that shall have
				the same force and effect as a verdict of a jury.
(B) If the crime is determined to be murder
				of the first degree the sentencing proceeding shall be conducted as provided by
				law.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 806 - Closing Arguments at Sentencing Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
After the presentation of evidence at the sentencing hearing,
				  each party shall be entitled to present one closing argument for or against the
				  sentence of death. The defendant's argument shall be made
				  last.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 807 - Sentencing Verdict Slip

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				JURY
(1) Except as provided in paragraph (2),
				in all cases in which the sentencing proceeding is conducted before a jury, the
				judge shall furnish the jury with a jury sentencing verdict slip in the form
				provided by Rule 808.
(2) In cases
				in which the jury is to determine if imposition of a sentence of death is
				precluded due to the defendant's mental retardation, the judge shall furnish
				the jury with the sentencing verdict slip in the form required by Rule 845. If
				the jury subsequently does not find unanimously that the defendant is mentally
				retarded, the judge then shall furnish the jury with a jury sentencing verdict
				slip in the form provided by Rule 808.
(3) Before the jury retires to deliberate,
				the judge shall meet with counsel and determine those aggravating and
				mitigating circumstances of which there is some evidence. The judge shall then
				set forth those circumstances on the sentencing verdict slip using the language
				provided by law.
(4) The trial
				judge shall make the completed sentencing verdict slip part of the
				record.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED › Part A - Guilt and Penalty Determination Procedures › Rule 808 - Form for Jury Sentencing Verdict Slip

Current through Register Vol. 54, No. 28, July 13, 2024
IN THE COURT OF COMMON PLEAS
OF _______ COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA
:
vs.
:
NO. _____
:
FIRST DEGREE MURDER
SENTENCING VERDICT SLIP
I. GENERAL INSTRUCTIONS
A. READ THROUGH THE ENTIRE VERDICT SLIP
				BEFORE BEGINNING DELIBERATIONS.
B.
				AGGRAVATING AND MITIGATING CIRCUMSTANCES PRESENTED TO THE JURY.
1. The following aggravating circumstance(s)
				(is) (are) submitted to the jury and must be proved by the Commonwealth beyond
				a reasonable doubt:
(1)
____________________________________________
(2)
____________________________________________
____________________________________________
(3)
____________________________________________
____________________________________________
(4)
____________________________________________
____________________________________________
2. The following mitigating circumstance(s)
				(is) (are) submitted to the jury and must be proved by the defendant by a
				preponderance of the evidence:
(1)
____________________________________________
____________________________________________
(2)
____________________________________________
____________________________________________
(3)
____________________________________________
____________________________________________
(4) Any other evidence of mitigation
				concerning the character and record of the defendant and the circumstances of
				the defendant's offense.
C. DO NOT COMPLETE THIS SENTENCING VERDICT
				SLIP UNTIL YOUR DELIBERATIONS ARE CONCLUDED. THIS SENTENCING VERDICT SLIP IS
				ONLY TO BE USED TO RECORD YOUR SENTENCING VERDICT AND THE FINDINGS UPON WHICH
				IT IS BASED.
D. IF, AFTER
				SUFFICIENT DELIBERATION, YOU CANNOT UNANIMOUSLY REACH A SENTENCING VERDICT, DO
				NOT COMPLETE OR SIGN THIS SLIP, BUT RETURN IT TO THE JUDGE. THE JUDGE WILL
				DETERMINE IF FURTHER DELIBERATIONS ARE REQUIRED; IF THEY ARE NOT, THE JUDGE
				WILL SENTENCE THE DEFENDANT TO LIFE IMPRISONMENT.