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A police officer approached Muniz, who was in his car, suspecting him of driving under the influence of alcohol. The officer asked Muniz several questions and directed Muniz to perform sobriety tests, including “a ‘horizontal gaze nystagmus’ test, a ‘walk and turn’ test, and a ‘one leg stand’ test.” [5] After Muniz admitted to drinking, the officer arrested him and took him to ...
Pennsylvania v. Mimms, 434 U.S. 106 (1977), is a United States Supreme Court criminal law decision holding that a police officer ordering a person out of a car following a traffic stop and conducting a pat-down to check for weapons did not violate the Fourth Amendment to the United States Constitution.
Murder in Pennsylvania law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Pennsylvania. The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate somewhat above the median for the entire country.
False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified evidence could be created by either side in a case (including the police/ prosecution in a criminal case ), or by someone sympathetic to either side.
For example, if a murderer intends to kill John, but accidentally kills George instead, the intent is transferred from John to George, and the killer is held to have had criminal intent. Transferred intent also applies to tort law , [ 1 ] in which there are generally five areas where transferred intent is applicable: battery , assault , false ...
The rule of lenity is one such canon. Implicit in its provisions is the additional burden placed on the prosecution in a criminal case and the protection of individual rights against the powers of the state. It also furthers the fundamental principle of requiring notice in criminal law. Individuals should not be punished for their acts when the ...
(PA Code of Judicial Conduct, Canon 7 (B)(1)(c)) [7] After the ten-year term expires, a statewide yes or no vote for retention is conducted. A judge who is retained serves another ten-year term. If the judge is not retained, the governor, subject to the approval of the State Senate, appoints a temporary replacement until a special election can ...
The Criminal Code contains specific provisions dealing with ignorance and mistakes, which permits acquittal in cases of mistakes of fact but not of law. Further, it mandates that a mistake of fact need not be reasonable for the defense to be available, but allows a jury to consider whether a fact is unreasonable in determining whether the ...