Judge and accepted to initiate the further court

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judge and accepted to initiate the further court proceedings. Footnotes: [1] Joel Samaha, Criminal Procedure (9 ed. 2014). Model Short Answer: Grand Juries are initiated by the prosecution (although they can act independently) and are held in closed hearings with no rights afforded to a suspect under investigation. The preliminary hearing and the grand jury are to establish probable cause to go to trial. The main difference is the prelim is public and the defendant has all the due process rights in place. Page 462 Comment: Well done. You correctly explained, in detail, the main differences between grand jury review and preliminary hearings. Question 22 of 22 15.0/ 15.0 Points Please explain in detail how does the initial appearance differ from arraignment, preliminary hearings and grand jury review? Discuss fully and please list your references in Bluebook format. Please note your essay answer should contain at least 350 words.
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 [1]. In some cases, typically involving those who are charged with a misdemeanor offense, a plea is entered during the first appearance hearing. However, most of the time, and especially for those charged with felony offenses, a plea is not entered until the arraignment hearing. Following the first appearance hearing, either a preliminary hearing or a grand jury review will take place. If the charges are for federal or capital offenses, the case will proceed with a grand jury review. All other cases will proceed with a preliminary hearing. While these two hearings differ in their procedural processes, they both have the same purpose—to determine if the evidence against the defendant warrants enough probable cause to bring them to trial [1]. In a grand jury review, a grand jury will be presented with any evidence and/or witnesses provided by the prosecution. They will then have to decide whether or not to indict the defendant based on the evidence provided and probable cause. In a preliminary hearing, a magistrate or other lower court judge will review the evidence and/or witnesses provided by the prosecution and decide whether or not to indict the defendant. Once a defendant has been indicted, either through a grand jury review or a preliminary
hearing, an arraignment hearing will take place. Some may confuse an arraignment hearing with a first appearance hearing, however, a first appearance hearing takes place within days after the arrest is made and defendants are not required to answer to their charges. An arraignment hearing, on the other hand, takes places months after the arrest is made (and after the first appearance and preliminary/grand jury review hearings) and mandates the defendant to answer

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