The Right to Have a Preliminary Examination

305 Words2 Pages
The Right to have a Preliminary Examination Once a suspect has been arrested they are entitled to a preliminary hearing. This is designed as a safeguard to protect an individual against the possibility of detention or an unreasonable arrest, so the hearing is conducted to determine whether there is sufficient evidence to go to trial. The criminal procedure discovers what issues must be raised depending on whether the crime is a misdemeanor, a gross misdemeanor, or a felony. In Gerstein v. Pugh, 420 U. S. 103, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975) the United States Supreme Court mandated that persons arrested without a warrant and held by law enforcement must be given a preliminary hearing to determine if there is ‘probable cause.’ Probable cause means that there is reasonable ground exists by the arresting officer who believes in the facts, and a preliminary hearing or preliminary examination would decide whether a prudent person would believe that the suspect committed the offense in light of the facts. The Role of the Grand Jury There are some states that use a grand jury to determine if their case is strong enough to issue an indictment. However some people will request a preliminary hearing because it will allow them to hear the evidence that is against them, or the basis of the prosecutor’s case. Others will request a preliminary hearing to request a dismissal of the case, but in some cases there is typically a second appearance called a preliminary hearing. A preliminary hearing is also considered a preliminary examination; rule five (c) of the Federal Rules of Criminal Procedure and state rules of criminal procedure follow the same process. References: <a

More about The Right to Have a Preliminary Examination

Open Document