Criminal Procedure in Pennsylvania: The Pre-Trial Issues in Four Parts

Martin H. Belsky, University of Akron School of Law

Abstract

Before a criminal trial begins, the state must defend its right to use almost every piece of evidence and even to commence proceedings. Was the defendant properly questioned? Was the evidence properly seized? Did the victim make a valid identifica-tion? Can the case be retried? Ever since 1961, pre-trial litigation of these questions has often determined trial result.

This article is presented in four parts, synopsizing the current state of the law in Pennsylvania on the issues of confessions, search and seizure, identifications and double jeopardy. This review is not intended to detail the answers but only to allow a general understanding of the questions and to provide guidance for further research.