Section 6.24 Using the Hearing to Best Advantage

• Library: Criminal Practice 2012 Supp

A. (§6.24) Using the Hearing to Best Advantage

The preliminary hearing requirement of probable cause is one of the most important safeguards provided to protect against groundless prosecutions. While the preliminary hearing was designed as a safeguard against abuse by the prosecuting attorney, it also presents the defendant with the easiest and most inexpensive form of pretrial discovery. The hearing is conducted in much the same manner as a trial, and the basic rules of evidence are followed. Thus, the hearing can be used to learn and maintain trial skills. Depending on the jurisdiction, preliminary hearings are sometimes conducted as “mini trials.”

The prosecutor and defense counsel should each present evidence in a...