A juvenile court may be granted considerable latitude in determining whether it should waive its jurisdiction and send a juvenile to adult court. However, due process requires a hearing (which may be informal), access by counsel to records or other reports that the court uses in making its determination, and a statement of reasons for the court's decision.
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Burglary is a crimen falsi offense; a burglary conviction is therefore admissible to impeach the credibility of a witness.
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Bias, dishonesty, defective ability to observe, and remembrance of the facts are all proper grounds for cross-examination.
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The mere fact that persons are present in a car is insufficient to show that they knew that another occupant had a gun in their possession or that all the occupants are a part of a conspiracy to carry it in violation of law. Even evidence sufficient to support a finding of constructive possession of a gun may not be sufficient to show a conspiracy to possess the gun with other occupants of the car.
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Silent observation of an illicit transaction and mere presence in the place where drugs are found are insufficient to support a finding of constructive possession of the drugs. Constructive possession is "the ability to exercise a conscious dominion over the illegal substance, the power to control the contraband, and the intent to exercise that control."
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A conspiratorial agreement cannot be inferred from defendant's mere presence during an illicit transaction. There must be sufficient evidence to satisfy the fact finder beyond a reasonable doubt that a corrupt confederation had in fact been formed. Standing alone, the fact that a defendant is sitting out on the steps, accepts $50 from a police officer when so instructed by his or her spouse, and watches the police officer walk away after being handed 11 opaque bags is insufficient to prove a conspiracy to deliver a controlled substance.
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The finder of fact cannot infer that a defendant knew of weapon's existence simply from the fact that it was hidden in the automobile the defendant was driving.
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In order to be convicted as an accessory before the fact under 35 P.S. § 780-113(a)(30), the defendant would have to plan, cooperate, assist, aid, counsel, or abet in the perpetration of the crime. Merely introducing a buyer to a seller, and not participating in or benefiting from the resulting transaction is insufficient for conviction as an accessory.
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When the issue of misidentification is not an aspect of the defense, the trial court does not abuse its discretion in refusing to allow a line of questioning that might reveal the identity of the CI.
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The governmental privilege to refrain from disclosing the identity of a CI requires a "balancing of the public interest in protecting the flow of information against the individual's right to prepare [a] defense." This balance depends on "the particular circumstances of each case, taking into consideration the crime charged, the possible defenses, the possible significance of the [CI's] testimony, and other relevant factors." Disclosure of the informant's identity is proper when the defendant's guilt would otherwise be established solely by police testimony, based on a single observation, when testimony from a more disinterested source is available.
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