Pennsylvania Motion to Bar Use of Certain Aggravating Circumstances is a legal procedure used in Pennsylvania to challenge the use of specific aggravating circumstances during criminal trials. This motion is designed to protect the rights of defendants and ensure a fair trial by excluding certain factors that could potentially prejudice the jury or result in a harsher sentence. In Pennsylvania, there are different types of motions to bar the use of certain aggravating circumstances, including: 1. Motion to Bar Use of Prior Convictions: This motion aims to prevent the prosecution from introducing a defendant's prior criminal convictions as an aggravating circumstance. The defense may argue that the past convictions are irrelevant to the current case or that their inclusion would be unduly prejudicial. 2. Motion to Bar Use of Inflammatory Evidence: This motion seeks to exclude evidence that is inflammatory or emotionally charged, potentially influencing the jury's perception of the defendant or the case. Such evidence may involve graphic details, photographs, or testimonies that could bias the jury. 3. Motion to Bar Use of Speculative Evidence: This type of motion challenges the use of evidence that is based on speculation or conjecture rather than established facts. The defense may argue that such evidence lacks reliability and could unfairly prejudice the jury against the defendant. 4. Motion to Bar Use of Unauthenticated Evidence: This motion is filed to dispute the admissibility of evidence that has not been properly authenticated or verified. It requests the court to exclude evidence that lacks proper documentation, ensuring only reliable and legitimate evidence is presented during the trial. 5. Motion to Bar Use of Inadmissible Statements: This motion aims to exclude statements made by the defendant or witnesses that are considered inadmissible due to violations of constitutional rights, reliability issues, or improper police procedures. The defense argues that using such statements as aggravating circumstances would be unfair and may unduly influence the jury. Overall, a Pennsylvania Motion to Bar Use of Certain Aggravating Circumstances plays a crucial role in ensuring a fair trial, protecting defendants from potential bias, and preserving the integrity of the criminal justice system.
Pennsylvania Motion to Bar Use of Certain Aggravating Circumstances
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If the judge fails to decide the motion within 120 days, or to grant an extension as provided in paragraph (B)(3)(b), the motion shall be deemed denied by operation of law.
Rule 700 - Sentencing Judge (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.
Code § 721 - Procedures for Commonwealth Challenges to Sentencing; Sentencing Appeals. (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.
(1) A person commits a felony of the first degree who attempts to cause or intentionally or knowingly causes bodily injury to a law enforcement officer, while in the performance of duty and with knowledge that the victim is a law enforcement officer, by discharging a firearm.
Procedure at Time of Sentencing. (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.
Rule 520 - Bail Before Verdict (A) Bail before verdict shall be set in all cases as permitted by law. Whenever bail is refused, the bail authority shall state in writing or on the record the reasons for that determination. (B) A defendant may be admitted to bail on any day and at any time.
Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal. Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.
Pennsylvania law, under 35 P.S. § 780-113(a)(30), defines manufacturing, delivering or possession with intent to distribute as: the manufacture, delivery, or possession with the intent to manufacture or deliver a controlled substance by a person not registered or licensed by the appropriate State Board; or, creating, ...