Legal Question in Criminal Law in Pennsylvania

Judges powers

In a rape case involving a friend of mine, the judge made a ruling that if the accused was referred to as the rapist during the trial, that he would call a mistrial. The prosecutor continued to do this without no penalty. The judges explanation was that the defendants lawyers did not ask for a mistrial. Doesn't the judge have the power to rule on this. Also when is it legal to destroy DNA evidence? This is a old case about 11 years old.


Asked on 6/21/04, 5:23 pm

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: Judges powers

judges have the power to raise somes issues theirselve. the latin phrase is sua sponte - look for the term in your research. Judges don't have to raise matters sua sponte, but are permitted to do so. it's an, "of their own accord"-type thing, rather than mandatory.

there is no law regulating the destruction of DNA evidence and there probably should be one.

Courts were very concerned with fairness to Ds but all that stopped with the republican party realignment of 1980; now courts and judges are careful not to appear coddling to the poor persons, minorities and immigrants who fuel the criminal justice and prison industries.

Good luck

TV

Read more
Answered on 6/21/04, 8:10 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania