Talk:Preliminary hearing

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Untitled[edit]

In an evidentary hearing, a defendant is represented by counsel.

This statement from paragraph 1 raises the question, in a preliminary hearing is the defendant represented by counsel? (anon)

question[edit]

The article currently says preliminary hearings are used in some US jurisdictions. I am confused. I just looked at Fifth Amendment to the United States Constitution, which seems to say that those suspected of a serious crime can only be indicted by a grand jury.

So, in the US jurisdiction that make use of preliminary hearings, is that instead of a grand jury, in addition to a grand jury, or are they considered close enough to a grand jury to fulfill the 5th amendments requirement for a grand jury? Geo Swan (talk) 03:58, 26 March 2010 (UTC)[reply]

question/comment[edit]

The purpose of a preliminary hearing is to determine if there is probable cause to indict, as I understand it. The preliminary hearing does not take the place of a grand jury. It is a precursor to a grand jury. Some cases apparently are too complicated to just present to a grand jury and ask for indictment.

In a preliminary hearing the suspects are entitled to attorneys. It seems that admissibility of testimony is an issue. Yet hearsay is “usually” permitted. QUESTION: Why is hearsay permitted? Does it count n determining probable cause? If so why isn’t it permitted in a jury trial? Why are rules of admissibility followed but hearsay is permitted?

In a grand jury case the defendant is not entitled to counsel within the grand jury chamber. The DA determines who appears before the grand jury. Grand jurors may question witnesses, and objections to questions by the grand jury are not permitted. In a grand jury case there is no judge.

Lobdillj (talk) 02:56, 11 November 2015 (UTC)[reply]