jurisdiction Flashcards
magistrate court
Limited power
Issue arrest and search warrants
GDC
no record, no jury
J only to try misdemeanors
Absolute right to appeal to CC w/n 10 days of judgment of conviction
Preliminary hearings for felonies (bail and PC)
circuit court
Courts of record
Misdemeanors and felonies
Jury trials
JDR
Not of record
Juvenile acts that = misdemeanor if committed by adult
Discretion to transfer to CC depending on D age and severity
JDR auto transfer to CC
16 or 17
1st/2nd degree murder
aggravated malicious wounding
JDR preliminary hearing of PC
JDR - option to transfer
16 or 17
BAARK, drug offenses
Upon commonwealth motion, JDR preliminary hearing of PC
If PC, go to CC
judge discretion
14-17
Commonwealth motion and court discretionary determination
Are they a “proper person”?
Age, criminal history, severity, victim
no transfer, stay in JDR
under 14
court of appeals
appeal as of right
3 judge panel
When can the commonwealth appeal?
can challenge sentences
standard of review for court of appeals?
de novo for Q of law
supreme court
