Pennsylvania constitution trial by jury judge the law

Each year, thousands of Pennsylvanians serve as jurors in communities throughout the state. If you received a summons for jury duty from your county court, contact your local district court administrator for information on:. Each jurisdiction retains the authority to grant or reject requests for postponement or excuse from service, but by law only those involved in active service in the armed forces of the United States or the Commonwealth of Pennsylvania, families spouses, children, siblings, parents, grandparents and grandchildren of criminal homicide victims and those persons demonstrating undue hardship caused by jury service will be excused.

Home Learn Jury Duty. Jury Duty To ensure their rights, the people themselves must be willing to play a role in the justice system. Unless otherwise noted, amendments are referred to by date of adoption by the electorate together with a reference to the applicable joint resolution J.

WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution. Inherent rights of mankind. Political powers. Religious freedom. Trial by jury. Freedom of press and speech; libels. Security from searches and seizures. Rights of accused in criminal prosecutions. Initiation of criminal proceedings; twice in jeopardy;. Courts to be open; suits against the Commonwealth.

Power of suspending laws. Bail, fines and punishments. Prisoners to be bailable; habeas corpus. Special criminal tribunals. Insolvent debtors. Ex post facto laws; impairment of contracts. Attainder limited. Right of petition. Right to bear arms. Standing army; military subordinate to civil power. Quartering of troops. Titles and offices. Reservation of powers in people.

No discrimination by Commonwealth and its. Natural resources and the public estate. Prohibition against denial or abridgment of equality of. Prohibition against denial or abridgment of equality of rights because of race and ethnicity. Unless otherwise noted, the provisions of Article I were adopted December 16, , P. All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness.

For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious establishments or modes of worship.

Such a procedure does not in any way eliminate the obligation of the attorney for the Commonwealth to comply in a timely manner with Rule and the constitutional mandates of Brady v. Maryland , U. Similarly, the attorney for the Commonwealth is responsible for notifying the cooperating defendant that the specific conditions to which the defendant agreed will be disclosed to third parties within a specified time period, and should afford the cooperating defendant an opportunity to object to the unsealing of the record or to any other form of disclosure.

When a guilty plea, or plea of nolo contendere, includes a plea agreement, the amendment to paragraph B 2 requires that the judge conduct a separate inquiry on the record to determine that the defendant understands and accepts the terms of the plea agreement. See Commonwealth v. Porreca , A. Former paragraph B 3 was deleted in for two reasons.

The first sentence merely reiterated an earlier provision in the rule. See paragraph A 3. The second sentence concerning the withdrawal of a guilty plea was deleted to eliminate the confusion being generated when that provision was read in conjunction with Rule As provided in Rule , it is a matter of judicial discretion and case law whether to permit or direct a guilty plea or plea of nolo contendere to be withdrawn.

For the procedures governing the withdrawal of a plea of guilty or nolo contendere, see Rule For the procedures concerning sentences that include restitution in court cases, see Rule Paragraph C reflects a change in Pennsylvania practice, that formerly required the judge to convene a panel of three judges to determine the degree of guilt in murder cases in which the imposition of a sentence of death was not statutorily authorized.

White , A. Official Note Rule a adopted June 30, , effective January 1, ; amended November 18, , effective February 3, ; paragraph b adopted and title of rule amended October 3, , effective 30 days hence; specific areas of inquiry in Comment deleted in amendment, reinstated in revised form March 28, , effective immediately; amended June 29, and November 22, , effective as to cases in which the indictment or information is filed on or after January 1, ; paragraph c added and Comment revised May 22, , effective July 1, ; Comment revised November 9, , effective January 2, ; amended December 22, , effective July 1, ; amended July 15, , effective January 1, ; renumbered Rule and Comment revised March 1, , effective April 1, ; amended September 18, , effective November 1, ; Comment revised March 9, , effective July 1, ; amended January 18, , effective April 1,