PENNSYLVANIA DECLARATIONS OF RIGHTS

The rights guaranteed to Pennsylvania citizens are determined not only by the United States Bill of Rights, but also by the rights guaranteed by the provisions of the constitution of the Commonwealth of Pennsylvania. In some cases, the rights of accused citizens in Pennsylvania are more extensive than those guaranteed by the United States constitution, since while a state may not narrow the rights given by the United States constitution, it may provide its citizens with greater protection.

Art. 1, § 8. Security from searches and seizures

     The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant.

Art. 1, § 9. Rights of accused in criminal prosecutions

     In all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor, and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage; he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law of the land. The use of a suppressed voluntary admission or voluntary confession to impeach the credibility of a person may be permitted and shall not be construed as compelling a person to give evidence against himself.

Art. 1, § 10. Initiation of criminal proceedings; twice in jeopardy; eminent domain

     Except as hereinafter provided no person shall, for any indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger, or by leave of the court for oppression or misdemeanor in office. Each of the several courts of common pleas may, with the approval of the Supreme Court, provide for the initiation of criminal proceedings therein by information filed in the manner provided by law. No person shall, for the same offense, be twice put in jeopardy of life or limb; nor shall private property be taken or applied to public use, without authority of law and without just compensation being first made or secured.

Art. 1, § 13. Bail, fines and punishments

     Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.

Art. 1, § 14. Prisoners to be bailable; Habeas Corpus

     All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.

These important, fundamental rights of Pennsylvania citizens have been, and continue to be, defined and refined by the Pennsylvania Courts. Understanding the scope and extent of these rights requires a detailed consideration of case law, and enforcing them requires the proper application of the Pennsylvania Rules of Criminal Procedure and the Pennsylvania Rules of Evidence.