ADMJ 101 Lecture Notes - Lecture 11: Grand Jury, Preliminary Hearing, Direct Examination
Document Summary
Must be within 48 hours of arrest. Pretrial release - release of accused person from custody before or during prosecution upon promise to appear in court. Not offered for serious crimes or those likely to escape or injure others. If not offered, remain in pretrial detention. Bail - most common release/detention decision-making mechanism. Post bond as pledge to return for further hearings. One study found 93% felony defendants unable to make bail: grand jury or preliminary hearing (or both, grand jury, used by federal government and states, comprised of (usually) 23 citizens, hear evidence from prosecution. Serve as filters: may subpoena witnesses and mandate review of documents, vote on indictment - formal list of proposed charges, preliminary hearing. Prosecutor files an information (aka complaint ) against accused: used by states without grand juries (some use both, hearing determines probable cause to hold defendant for trial. Primary purpose to give defendant opportunity to challenge legal basis for detention.
