NCJ Number
7488
Journal
UNIVERSITY OF CALIFORNIA LAW REVIEW Volume: 18 Issue: 4 Dated: (MARCH 1971) Pages: 636-757
Date Published
1971
Length
122 pages
Annotation
REVIEW OF PRE-TRIAL EXAMINATIONS CONDUCTED BY MAGISTRATES TO DETERMINE WHETHER A CASE SHOULD GO TO TRIAL.
Abstract
THE FUNCTION OF THE PRELIMINARY HEARING IS TO DETERMINE WHETHER AN OFFENSE HAS BEEN COMMITTED AND WHETHER THERE IS PROBABLE CAUSE TO BELIEVE THAT THIS DEFENDANT COMMITTED IT. IN SOME JURISDICTIONS AND ALL FEDERAL COURTS, THE MAGISTRATE MAKES THE DETERMINATION USING EVIDENCE WHICH IS INADMISSIBLE AT THE TRIAL. IN CALIFORNIA, HOWEVER, THE STANDARD RULES OF EVIDENCE APPLY, AND THE PRELIMINARY HEARING CAN PRODUCE A COMPLETE ENOUGH RECORD SO THAT DEFENSE AND PROSECUTION CAN AGREE TO SUBMIT THE CASE TO JUDGEMENT ON IT. THIS ARTICLE REVIEWS THE VIEWS OF MAGISTRATES ON THEIR ROLE, AND THE OBSERVATIONS OF MORE THAN 200 HEARINGS. IT ALSO REVIEWS STATE LAWS WHICH APPARENTLY AUTHORIZE THE MAGISTRATES TO USE MORE DISCRETION AND INDEPENDENT JUDGMENT THAN THEY CURRENTLY DO.