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Chapter #6: Trial Procedures in Court Cases

Chapter #6: Trial Procedures in Court Cases. Rule 600: Trial Procedure. 234 rule 600: Prompt Trial. Incarcerated: 180 days Bail: 365 days. 234 - rules 601 and 602. Rule 601: Presence of Judge All stages of trial and pre-trial hearings Rule 602: Presence of Defendant Jury selection

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Chapter #6: Trial Procedures in Court Cases

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  1. Chapter #6: Trial Procedures in Court Cases Rule 600: Trial Procedure

  2. 234 rule 600: Prompt Trial • Incarcerated: 180 days • Bail: 365 days

  3. 234 - rules 601 and 602 • Rule 601: Presence of Judge • All stages of trial and pre-trial hearings • Rule 602: Presence of Defendant • Jury selection • Return of verdict • Sentencing

  4. 234 - rule 602: Presence of Defendant Can be vacated by judge for behavior Not allowed under PA law

  5. 234 - rule 605: Mistrial Hung jury or event prejudicial to defendant

  6. 234 – rule 620: Waiver of Jury Trial • Is allowed under PA rules of criminal procedure • Initiated by defendant

  7. 234 - rule 621: Procedure on Waiver • Judge: • Rules of points of law • Decides the verdict

  8. 234 - rule 631: Voir Dire • Involves: Judge, Defense Attorney & Prosecutor

  9. 234 - rule 631: (con’t) • Question and answer format: group and individual • Judge – excuse for cause • Cross names off a master list –attorney’s job • Prospective juror’s oath

  10. 234 - rule 632: Questionnaire To be completed in notes

  11. 234 - rule 634: Peremptory Challenges • 1. Misdemeanors: 5 per side • 2. Felonies: 7 per side • 3. Capital case: 20 per side

  12. 234 - rule 640: Swearing of Jury To be written in notes

  13. 234 rule 641: Trial by less than 12 • 12 - maximum number and unanimous • 6- lowest number and also unanimous

  14. 234 - rule 642: Sequestration • Affects jury • Judge rule • Defense motion • Can be vacat-ed anytime

  15. 234 – rule 643: View by Jury Actual visit to the crime scene Judge, defense attorney, prosecutor, and defendant

  16. 234 - rule 644: Note-taking Not allowed to take notes in PA

  17. 234 rule 646: material allowed to jury during deliberations • 1. Trial transcript • 2. Written confession by defendant if avail-able • 3. Copy of the information • 4. Written instructions • 5. Exhibits

  18. 648: Verdicts • Jury Foreman: announces the verdict and runs the discussions • All verdicts must be unanimous

  19. 234 rule 649: sealed verdicts • Verdict sealed in an envelop until court resumes • Stays in the hands of the jury foreman • If polled jury disagrees with verdict mistrial declared

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