Saturday, July 2, 2011

What is the purpose of a preliminary hearing?

As its name implies, a preliminary hearing is sort of a
first step.  It is a step that is taken before an actual trial can be held. 
Specifically, it is a step taken to try to determine whether a trial can and should be
held in a certain jurisdiction.


In order to determine that
a trial can and should be held in a give jurisdiction, the preliminary hearing must be
held to determine the following things:


  • Was a
    crime committed?

  • Was the crime committed in an area that
    is under the jurisdiction of this particular court.

  • Is
    there probable cause to believe that the defendant is the one who committed the crime. 
    This is not the same as finding the defendant guilty beyond a reasonable doubt -- it is
    just a finding that says that there is enough reason to
    believe that the defendant is guilty and that there should therefore be a
    trial.

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