Why is there a grand jury vs preliminary hearing?
At a preliminary hearing, a judge hears the state’s evidence and decides whether there is sufficient evidence to require the defendant to stand trial. No judge is present but the grand jury is instructed to review the evidence according to a probable cause standard and determine whether there is sufficient evidence.
What are the powers of the grand jury?
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify.
How important is a preliminary hearing?
Preliminary hearings serve to protect the defendant from unfounded criminal charges—making sure the prosecutor has sufficient evidence to allow a criminal trial to go forward.
What role does the grand jury serve in the US criminal justice system quizlet?
A primary purpose of the grand jury is to determine whether the is probable cause to believe the accused committed the crime(s). A document that outlines the charge or charges against a defendant.
What is the role of a grand jury in criminal investigations?
The grand jury acts as an investigative body, acting independently of either prosecuting attorney or judge. Criminal prosecutors present the case to the grand jury. The prosecutors attempt to establish probable cause to believe that a criminal offense has been committed.
What happens during a preliminary?
During the preliminary hearing, the prosecutor will present witnesses and evidence. The defendant would have an opportunity to cross-examine the prosecution’s witnesses and challenge the admissibility of evidence. The defense can call witnesses of its own and the defendant would have an opportunity to testify as well.
What is the primary purpose of a grand jury quizlet?
A primary purpose of the grand jury is to determine whether there is probable cause to believe that the accused committed the crime or crimes. A document that outlines the charge or charges against a defendant.