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In what two ways are preliminary hearings similar to criminal trials and in what two ways do preliminary hearings differ from criminal trials?
Wiki User
∙ 12y ago
A preliminary hearing, or preliminary examination, is an adversarial proceeding in which counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. The grand jury, on the other hand, hears only from the prosecutor.
Wiki User
∙ 12y ago
Preliminary hearings are similar to criminal trials in that they both involve presentation of evidence and arguments to a judge. Also, both proceedings allow for cross-examination of witnesses. However, preliminary hearings differ from criminal trials as the former is meant to establish if there is sufficient evidence for a trial, while the latter determines guilt or innocence. Additionally, preliminary hearings have a lower standard of proof, typically probable cause, compared to the higher standard of proof beyond a reasonable doubt in criminal trials.
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