LSTD400 Final.docx - Discuss fully and please list your...

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Discuss fully and please list your references in Bluebook format. Please note your essay answer should contain at least 250 words. Q1: Please explain in detail the main differences between grand jury review and preliminary hearings? In a grand jury review, the prosecution holds the upper hand when presenting their case and evidence to grand jurors. In addition to the evidence they believe that can provide a guilty verdict for the defendant, the prosecution must also present evidence that can slightly suggest that the defendant may not actually be guilty. Also, grand jury reviews also happen with just the prosecution present, versus a preliminary hearing, in which both the defense and prosecution are present and are also presenting their witnesses and evidence. A grand jury is more preferable to prosecutors, as the grand jury proceedings are done behind closed doors. When a suspect pleads not guilty during their arraignment, a preliminary hearing is done. During the preliminary hearing, all the evidence collected will then be presented to the court. At that time, the determination will be made on whether there is enough substantial evidence to continue detaining the defendant for trial. Described as a trial before the trial and a probable cause is validated by the prosecution, presenting witnesses to testify, as well as introducing any physical evidence. The preliminary hearing provides the prosecution as well as the defense to provide arguments. After the judge has observed the prosecution and the defense’s arguments, each side can only hope that they presented enough to either continue with the trial or not. However, every time a not guilty plea is entered, will there be a preliminary hearing. Depending on the state, only when a felony is charged, then a preliminary hearing is conducted. However, in some other states, the grand jury review process to determine if the prosecution has the evidence to proceed with the trial. References: FindLaw, P RELIMINARY H EARING , - hearing.html (last visited June 26, 2018). Sarah J. Berman, W HY P ROSECUTORS C HOOSE G RAND J URIES INSTEAD OF P RELIMINARY H EARINGS , NOLO, - juries-preliminary.html. Q2: Please explain in detail how does the initial appearance differ from arraignment, preliminary hearings and grand jury review? The differences between a first appearance hearing, an arraignment, a preliminary hearing, and a grand jury review are tremendous. When charges are formally filed against a defendant, a magistrate is then required to conduct what is known as a first appearance hearing. When conducting a first appearance hearing, the magistrate has four key requirements that they must perform during the hearing: inform and explain to the defendant the charges that are filed against them, bring awareness of the defendant’s constitutional rights, decide whether to set a bail for the defendant or detain them, and appoint a defense attorney to those who cannot afford their own.

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