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The modern trend is to use an adversarial preliminary hearing before a trial court judge, rather than grand jury, in the screening role of determining whether there is evidence establishing probable cause that a defendant committed a serious felony before that defendant is required to go to trial and risk a conviction ...
A grand jury helps determine whether to bring charges against a suspect, while trial jurors render a verdict at the trial itself. Put differently, a grand jury hands down an indictment at the beginning of a criminal case. A trial jury decides guilt or innocence at the end of the trial.
Preliminary hearing The advantage is that, usually, preliminary hearings are held in open court, as opposed to the secrecy of a grand jury. ?If a prosecutor is not going to commit to presenting strong case possibilities, it doesn't matter who's deciding the case? the judge or the grand jury,? Yung said.
The court may instruct the jury before or after the arguments are completed, or at both times.
A grand jury focuses on preliminary criminal matters only and assesses evidence presented by a prosecutor to determine whether there is ?probable cause? to believe an individual committed a crime and should be put on trial.
Many states use a preliminary hearing in lieu of a grand jury. The preliminary hearing is expressly mentioned in the Constitution.
False declaration means the act of declaring assets, income and liabilities with an intention to conceal their disproportionate assets by providing incomplete or incorrect information.
The requirement of a preliminary hearing before a judge or magistrate is viewed as providing the accused constitutional protection and the opportunity to challenge the evidence, protections and rights not provided in grand jury proceedings.