Which type of jury decides if there is enough evidence to stand trial?
Does a preliminary hearing or a grand jury better balance the rights of society and the rights of the accused?
A preliminary hearing is to decide if there's enough evidence for the case to go to trial. This is a crucial stage in a criminal case. The judge decides with the evidence presented if a crime has been committed and if there's enough evidence against the defendant. Added; Of course, if you choose to, you can plead guilty, or enter an Alford Plea at any point in the judicial process.
stand trial again on the same trial? Did you mean on the same charge? If so, no that is double jeopardy. If further compelling evidence is found, it's possible to be charged with a different offense if the evidence warrants it. For example, you were tried and found not guilty for murder. Evidence surfaces that the person did not go with you willingly as it was originally assumed. You could then be charged with kidnapping…
A preliminary hearing simply determines that there is probable cause or reason to believe that a crime has been committed and that you may have committed it so the case can proceed to trial. By waiving the preliminary hearing, you are not admitting guilt, you are only agreeing that there is enough evidence against you for you to stand trial.
A jury hears the evidence presented by both sides in a trial and then determines the facts based upon the evidence. In a criminal trial the jury decides guilt or innocence and in a civil trial determines if a defendant is liable to a plaintiff, and in some instances determines damages. For more detail on juries please see the related link below.
This sounds like a domestic violence case. If this is true, please do not retract your statement, you are the victim. However, if its not, if your statement has been retracted it is up to the prosecutor to see if there is enough evidence to follow up with a trial. If there is not enough evidence the charges will be dropped and your husband will be set free. If there is enough evidence the bail…
A petit jury in a criminal trial decides whether or not a defendant is guilty beyond a reasonable doubt. The other type of jury, the Grand Jury, decides whether or not there is sufficient evidence to bring charges against a defendant prior to the trial. It does not decide whether or not the defendant is guilty. Therefore the Grand Jury is not bound by the standard of beyond a reasonable doubt.
Defense counsel must be provided with evidence. If you are a spectator you must attend the trial and see for yourself what evidence is produced at trial. Defense counsel must be provided with evidence. If you are a spectator you must attend the trial and see for yourself what evidence is produced at trial. Defense counsel must be provided with evidence. If you are a spectator you must attend the trial and see for yourself…
The Court does not charge you. The prosecuting attorney does. In order to indict, there must be enough evidence to show "probable cause." Essentially, the grand jury or court (as the case may be) must believe that there is enough evidence to put the defendant on trial. What this evidence is will depend on the crime and the circumstances.
A bench trial is a trial conducted before a judge without a jury. In such trials, the judge decides both questions of facts and questions of law. A jury trial is a civil or criminal trial which the case is decided by the jury who observes the proceedings then deliberates in private and makes the fineal decision The rules of evidence and procedural methods are the same in both kinds of proceedings.
A Grand Jury hears primarily from the prosecutor, usually in sessions that are closed to the press and the public, and decides whether there is enough evidence to charge someone and to hold a trial. A jury (or Petit Jury) hears evidence from both prosecutor and defense in a courtroom before a judge where any member of the press and the public can come and observe. The Judge tells the jury what the law says…
Good explanation below. "Probable Cause" is a legal term for evidence that would convince a reasonable person that there is "cause to believe" that a given person may have committed a given criminal act. It is less than proof of guilt, but more than mere suspicion. In a probable cause hearing, a judge hears testimony to determine if there is sufficient cause for a case to go forward to trial.