Jurisprudence
Verified Attorney
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That's what I thought... otherwise we have 2 trials... Trial 1 - the Grand Jury, Trial 2 - the public jury trial. Both with the standard of guilty within reasonable doubt.. But it can't be because the GJ is one sided.. just the prosecutor and evidence. No defense, right?
That's not the way it was drawn up.
IMOO, that's what she wants with the PC hearing. And, that's why she wants it so badly. She wants to try to turn it into a mini trial before the trial; hear the state's entire case (get discovery they aren't required to hand over per the rules); cross examine their witnesses; drop theories into public discourse well before trial and then nurture them. This is a CO case but the sentiment is well subscribed to nationwide, imo (citations omitted)
"A preliminary hearing is limited to matters necessary to a determination of probable cause. The rights of the defendant are therefore curtailed: evidentiary and procedural rules are relaxed, and the rights to cross-examine witnesses and to introduce evidence are limited to the question of probable cause.
A defendant has no constitutional right to unrestricted confrontation of witnesses and to introduce evidence at a preliminary hearing. By rule, defendants have the right to a preliminary hearing under certain circumstances, and pursuant to the rule a defendant may cross-examine witnesses against him and may introduce evidence in his own behalf. However, the preliminary hearing is not intended to be a mini-trial or to afford the defendant an opportunity to effect discovery."
People v. Fry
jmo