Criminal Law-Pretrail Proceedings
In most criminal prosecutions, the defendant has the right to appear at a preliminary hearing where some or all of the prosecution witnesses will be called for the purpose of presenting evidence to determine whether there is probable cause to support the arrest made by the police. This hearing is normally presided over by a judge or magistrate. The sole issue for determination at this preliminary hearing is whether probable cause exists. If probable cause is found to exist, then the next stage in the proceeding is presentation of the case to a grand jury.
A grand jury is a group of citizens who are convened by the court for the purpose of reviewing criminal cases as presented to them by the prosecutor. They determine again whether there is probable cause to believe that the defendant committed the crime with which he or she is charged. The grand jury can choose to indict the defendant for that criminal offense or can choose not to indict. Grand juries are frequently referred to as being rubber stamps of the prosecutor’s office. The grand jury, although it is composed of unbiased citizens, only hears one side of the story. The evidence that is presented at a grand jury is chosen by the prosecutor. It normally comes through the testimony of police officers. The grand jurors do not hear from the defendant and do not hear the other side of the story. As one might expect, grand juries typically accept the recommendation of the prosecutor and indict the defendant for the crime charged.
