List and describe the differences between testing the government's case by preliminary hearing and testing it by grand jury review
What will be an ideal response?
The goal of both a preliminary hearing and a grand jury review is to decide whether there is enough evidence to bring a defendant to trial. The preliminary hearing process stresses adversarial, open, accusatory values and control by experts. The grand jury review underscores the value of lay participation in criminal proceedings.
Preliminary hearings are public; grand jury proceedings are secret. Preliminary hearings are adversarial proceedings in which the defense can challenge the prosecution's case; grand juries hear only the prosecution's case. Judges preside over preliminary hearings; prosecutors manage grand juries. In preliminary hearings, judges determine whether there is enough evidence to proceed to trial; grand jury reviews rely on grand jurors (citizens selected to serve a term) to decide whether there is enough evidence to go to trial. Finally, defendants and their lawyers attend preliminary hearings; in grand jury reviews, defendants and their lawyers are not present.
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Indicate whether the statement is true or false.
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