Preliminary Hearing - A Procedural Overview, The Defendant's Right To A Preliminary Hearing, Other Functions Of A Preliminary Hearing
criminal trial court evidence
The purpose of a preliminary hearing is to determine whether the prosecutor has enough evidence to justify further criminal proceedings against the accused. The preliminary hearing is held in open court before a judge or magistrate. After the prosecution has presented its evidence and the defense has been given a chance to respond, the judicial officer decides whether there is probable cause to believe that the accused committed the crime charged. If the court finds probable cause, or in some jurisdictions "prima facie case," it will "bind the case over" to the grand jury or the trial court for further proceedings. If the evidence is insufficient, the charges are dismissed. The goal is to ensure that weak cases are eliminated early in the process, to save the defendant the anxiety and expense of having to defend himself at a trial against unwarranted accusations.
CASES
Coleman v. Alabama, 399 U.S. 1 (1970).
Gerstein v. Pugh, 420 U.S. 103 (1975).
Goldsby v. United States, 160 U.S. 70 (1895).
Additional Topics
Within forty-eight hours of arrest, a suspect typically has a "first appearance" before a magistrate. At that hearing the magistrate will advise the arrested person of the charges, appoint counsel if the suspect is indigent, and set bail. In addition, unless the suspect was taken into custody pursuant to an arrest warrant or following an indictment, the magistrate will ensure that th…
At the first appearance, suspects in federal and some state cases are told that they have the right to a preliminary hearing. This right is statutory, for the Supreme Court has said that there is no constitutional right to such a hearing. As a result, the right can be, and typically is, subject to certain limits. Most importantly, if the prosecution obtains an indictment from a grand jury before t…
Even in cases where probable cause will be easy to establish, a defendant may decide not to waive the preliminary hearing, despite the risks. There are several benefits he might derive from the hearing that are unrelated to screening the prosecution's case. First, the preliminary hearing can serve as an informal means of discovery. Discovery in criminal cases is typically far more limited t…
The vast majority of cases presented at a preliminary hearing are bound over. This has raised the question whether these hearings serve as an effective screen against unfounded charges. Critics have suggested that the high rate of bindover decisions show that the magistrate gives only superficial, deferential review to the prosecutor's evidence. On reflection, however, it is obvious that th…
Preliminary hearings play a variety of roles in the criminal system. Despite the prosecutors' high success rate in establishing probable cause, the hearings may force the government to engage in self-screening before presenting the case, which helps ensure that innocent defendants are not required to endure the trauma of a trial. There are limits, however, on how stringent a screen the prel…
Citing this material
Please include a link to this page if you have found this material useful for research or writing a related article. Content on this website is from high-quality, licensed material originally published in print form. You can always be sure you're reading unbiased, factual, and accurate information.
Highlight the text below, right-click, and select “copy”. Paste the link into your website, email, or any other HTML document.
User Comments
about 2 years ago
NATHAN VAN MILLER
CAN YOU TELL ME IF I CAN GET MY CASE OVER TURNED IF I DID NOT HAVE A JUDICIAL DETERMINATION OF PROBABLE CAUSE.
about 2 years ago
NATHAN VAN MILLER
CAN YOU TELL ME IF I CAN GET MY CASE OVER TURNED IF I DID NOT HAVE A JUDICIAL DETERMINATION OF PROBABLE CAUSE.
over 2 years ago
Maureen O'Sullivan
My son was railroaded in Mendocino County Ca. and it is still going on with non-whites in this county. Charges said to be established at preliminary hearing the name is redacted out at trial when found not to be truthful and victim is added and now evidence is submitted! what about that for justice and then trial public pretender told jury her client took a shot at his cousin in closing statement for attempt murder, God help us find justice with the good old boys in Mendocino County Ca, can you help?