Compare and contrast the grand jury and preliminary hearing models.

Question

What will be an ideal response?

Answer 1

The role of the grand jury today is to act either as an independent investigating body or as the community's conscience in determining whether the accusation of the state justifies a trial. In the first role, it examines the possibility of criminal activity and issues a report called a presentment, which usually includes a recommendation of indictment. In its second role, it relies on the testimony of witnesses called by the prosecution through its subpoena power. After examining the evidence and testimony of witnesses, it decides if probable cause exists for prosecution. If probable cause exists, an indictment, or true bill, is affirmed. If no probable cause is found, a no bill is passed. The grand jury meets at the request of the prosecution, the hearings are closed and secret, and neither the defense attorney, the defendant, nor the general public is allowed to attend. As such, the process has been criticized as being a "rubber stamp" for the prosecution. The preliminary hearing is an alternative to the grand jury and takes place in about half the states. Several differences are seen in the preliminary hearing, starting with the fact that it is open to the public and conducted by a magistrate or lower court judge. The defendant and their counsel, if they have obtained counsel, are present at the hearing and can hear what evidence the prosecution has gathered. The defendant also has the right to waive proceeding in most states in the event that they have either decided to plead guilty, would like to speed up the criminal justice process, or hope to avoid negative publicity.