Although grand juries and trial juries are both made up of average people who were called for jury duty, they serve entirely different purposes. A grand jury helps determine whether charges should be brought against a suspect, while a trial jury renders a verdict at the criminal trial itself. Put differently, a grand jury hands down an indictment at the beginning of a case, while a trial jury decides guilt or innocence at the very end (not counting the appeal process).
Depending on the state you are in (some use the Grand Jury System and others use the Preliminary Hearing system) it is the hearing at which the defendant is formally charged with the offense he was arrested for.
Yes. Grand Jury.
A preliminary hearing might better balance the rights of society and the rights of the accused. With a preliminary hearing a judge is going to weigh the evidence and decide if there is enough evidence for trial. With a grand jury, a group of citizens decides if there is enough evidence for trial.
A 'preliminary hearing.' aka. a probable cause hearing.
No they are not allowed to both, they must choose between the two.
•Initial Appearance •Filing Charges •Preliminary Hearing •Grand Jury •Arraignment •Trial •Sentencing
If the jurisdiction in question adheres to the Grand Jury system of indictment, the GJ will indict by handing down a "true bill" in the sequence in which it was presented to them. HOWEVER - if the jurisdictions NOT utilizing a Grand Jury system, your Preliminary Hearing IS your idndictiment and the presiding judge decides if there is enough Probable Cause to bind you over for trial.
It depends on the system used in your particular state. Some states still use the Grand Jury Indictment system - others use the Preliminary Judicial Hearing type of system.
A preliminary hearing, in the context of criminal law, is used to determine whether probable cause exists to believe that the offense charged in the information has been committed by the defendant. The hearing officer considers the evidence and reaches a decision on the issue of probable cause. In those states which do not employ the Grand Jury System for indictments, the Preliminary Hearing serves the same function.
A person can be bound over to superior court by either a preliminary hearing or a grand jury indictment. In a preliminary hearing, a judge assesses whether there is enough evidence to proceed to trial. Alternatively, a grand jury may review evidence presented by the prosecution and decide to formally charge the individual, resulting in a binding over to superior court.
There is nothing necessarily proper or improper about it. The prosecutor at least in CA has an absolute right to have either a preliminary hearing or a get a grand jury indictment.
When a case is waived to a grand jury, it means that the prosecution has decided to bypass a preliminary hearing and instead present the case directly to a grand jury. This grand jury will evaluate the evidence to determine whether there is enough probable cause to formally indict the suspect and proceed to trial. Waiving to a grand jury can streamline the legal process and may occur in cases where the evidence is strong or the charges are severe.