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How does a preliminary hearing differ from a full trial?
Does killing witnesses before trial suppress them?How does the law guarantee true disregard by jurors?Does the meaning of “preliminary” rest on intent or outcome?How do I look up the trial experience of a lawyer?Is infecting your own files illegal? How does this differ from a more aggressive form of DRM?How does binding precedent work with juries in trial courts?How to postpone a hearing? First appearance. (NY) (Family Law)How long can one be detained without a court hearing?
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Apparently "preliminary hearings" are to determine whether or not the defendant should be sent to Superior Court for a "full" trial. (My "source" for this is "Perry Mason.")
What exactly is a "preliminary hearing"? Is it a "halfway house" between say, a grand jury indictment and a trial? Or given the sequence of arrest and "preliminary hearing," is it the grand jury indictment process itself?
united-states trial
asked 14 hours ago
LibraLibra
2,78013 silver badges32 bronze badges
add a comment
|
Apparently "preliminary hearings" are to determine whether or not the defendant should be sent to Superior Court for a "full" trial. (My "source" for this is "Perry Mason.")
What exactly is a "preliminary hearing"? Is it a "halfway house" between say, a grand jury indictment and a trial? Or given the sequence of arrest and "preliminary hearing," is it the grand jury indictment process itself?
united-states trial
asked 14 hours ago
LibraLibra
2,78013 silver badges32 bronze badges
I'm voting to close this question as off-topic because it's about an old TV show, and we can't be expected to review 271 episodes. A question about preliminary hearings without the TV show entanglement could be on topic.
– user6726
13 hours ago
2
@user6726: Re-worked the question by focusing on "preliminary hearing" and reducing "Perry Mason to a parenthetical.
– Libra
13 hours ago
1
I have read (and own copies of) all the Perry Mason novels, and have seen many if not all of the TV episodes, most of which were fairly closely based on one of the novels. In any case this question is largely about what a Preliminary hearing is, and IMO should not be closed. I would vote to reopen if this were closed.
– David Siegel
13 hours ago
add a comment
|
Apparently "preliminary hearings" are to determine whether or not the defendant should be sent to Superior Court for a "full" trial. (My "source" for this is "Perry Mason.")
What exactly is a "preliminary hearing"? Is it a "halfway house" between say, a grand jury indictment and a trial? Or given the sequence of arrest and "preliminary hearing," is it the grand jury indictment process itself?
united-states trial
asked 14 hours ago
LibraLibra
2,78013 silver badges32 bronze badges
Apparently "preliminary hearings" are to determine whether or not the defendant should be sent to Superior Court for a "full" trial. (My "source" for this is "Perry Mason.")
What exactly is a "preliminary hearing"? Is it a "halfway house" between say, a grand jury indictment and a trial? Or given the sequence of arrest and "preliminary hearing," is it the grand jury indictment process itself?
united-states trial
united-states trial
asked 14 hours ago
LibraLibra
2,78013 silver badges32 bronze badges
asked 14 hours ago
LibraLibra
2,78013 silver badges32 bronze badges
edited 13 hours ago
Libra
asked 14 hours ago
LibraLibra
2,78013 silver badges32 bronze badges
asked 14 hours ago
LibraLibra
2,78013 silver badges32 bronze badges
asked 14 hours ago
LibraLibra
2,78013 silver badges32 bronze badges
2,78013 silver badges32 bronze badges
I'm voting to close this question as off-topic because it's about an old TV show, and we can't be expected to review 271 episodes. A question about preliminary hearings without the TV show entanglement could be on topic.
– user6726
13 hours ago
2
@user6726: Re-worked the question by focusing on "preliminary hearing" and reducing "Perry Mason to a parenthetical.
– Libra
13 hours ago
1
I have read (and own copies of) all the Perry Mason novels, and have seen many if not all of the TV episodes, most of which were fairly closely based on one of the novels. In any case this question is largely about what a Preliminary hearing is, and IMO should not be closed. I would vote to reopen if this were closed.
– David Siegel
13 hours ago
add a comment
|
I'm voting to close this question as off-topic because it's about an old TV show, and we can't be expected to review 271 episodes. A question about preliminary hearings without the TV show entanglement could be on topic.
– user6726
13 hours ago
2
@user6726: Re-worked the question by focusing on "preliminary hearing" and reducing "Perry Mason to a parenthetical.
– Libra
13 hours ago
1
I have read (and own copies of) all the Perry Mason novels, and have seen many if not all of the TV episodes, most of which were fairly closely based on one of the novels. In any case this question is largely about what a Preliminary hearing is, and IMO should not be closed. I would vote to reopen if this were closed.
– David Siegel
13 hours ago
I'm voting to close this question as off-topic because it's about an old TV show, and we can't be expected to review 271 episodes. A question about preliminary hearings without the TV show entanglement could be on topic.
– user6726
13 hours ago
I'm voting to close this question as off-topic because it's about an old TV show, and we can't be expected to review 271 episodes. A question about preliminary hearings without the TV show entanglement could be on topic.
– user6726
13 hours ago
2
2
@user6726: Re-worked the question by focusing on "preliminary hearing" and reducing "Perry Mason to a parenthetical.
– Libra
13 hours ago
@user6726: Re-worked the question by focusing on "preliminary hearing" and reducing "Perry Mason to a parenthetical.
– Libra
13 hours ago
1
1
I have read (and own copies of) all the Perry Mason novels, and have seen many if not all of the TV episodes, most of which were fairly closely based on one of the novels. In any case this question is largely about what a Preliminary hearing is, and IMO should not be closed. I would vote to reopen if this were closed.
– David Siegel
13 hours ago
I have read (and own copies of) all the Perry Mason novels, and have seen many if not all of the TV episodes, most of which were fairly closely based on one of the novels. In any case this question is largely about what a Preliminary hearing is, and IMO should not be closed. I would vote to reopen if this were closed.
– David Siegel
13 hours ago
add a comment
|
2 Answers
2
active
oldest
votes
A "preliminary hearing", of the kind depicted in the Perry Mason novels, is a procedure in California and some other states. It is an alternative to a Grand jury proceeding. It is used to determine whether there is probable cause to put the defendant on trial.
Such hearing are mostly rather routine, and rarely reach the level of drama shown in "Perry Mason". But the prosecutor does present witnesses, which the defendant's lawyer can cross-examine. The defendant may, but rarely does, also present witnesses.
Note that Mason stories sometimes involved a full trial, not just a preliminary hearing.
Gardner, who wrote Perry Mason, was a practicing attorney in CA, and most of the law as he shows it was accurate when he wrote, but he often showed legally possible but highly unlikely events to improve the drama of his stories.
answered 13 hours ago
David SiegelDavid Siegel
26.4k1 gold badge44 silver badges93 bronze badges
1
FWIW roughly half the states primarily use preliminary hearings (most of those still use grand juries for narrow circumstances only, usually organized crime cases and/or cases involving law enforcement defendants or politicians) and about half of the states (and the federal government) use grand juries, with grand juries being much more common in the eastern U.S. and preliminary hearings being much more common in the western U.S. Preliminary hearings are waived more often than not in less serious felony cases in cases when it is also true that probable cause is clear.
– ohwilleke
6 hours ago
add a comment
|
In addition to David Siegel's accurate answer, here is a map of which states do and do not use grand juries. States where they are not mandatory use them very rarely and instead use preliminary hearings more than 95% of the time in cases where they are not required. (Preliminary hearings are usually only available in felony cases and not in misdemeanors.)
answered 6 hours ago
ohwillekeohwilleke
59.4k3 gold badges70 silver badges155 bronze badges
add a comment
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2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
A "preliminary hearing", of the kind depicted in the Perry Mason novels, is a procedure in California and some other states. It is an alternative to a Grand jury proceeding. It is used to determine whether there is probable cause to put the defendant on trial.
Such hearing are mostly rather routine, and rarely reach the level of drama shown in "Perry Mason". But the prosecutor does present witnesses, which the defendant's lawyer can cross-examine. The defendant may, but rarely does, also present witnesses.
Note that Mason stories sometimes involved a full trial, not just a preliminary hearing.
Gardner, who wrote Perry Mason, was a practicing attorney in CA, and most of the law as he shows it was accurate when he wrote, but he often showed legally possible but highly unlikely events to improve the drama of his stories.
answered 13 hours ago
David SiegelDavid Siegel
26.4k1 gold badge44 silver badges93 bronze badges
1
FWIW roughly half the states primarily use preliminary hearings (most of those still use grand juries for narrow circumstances only, usually organized crime cases and/or cases involving law enforcement defendants or politicians) and about half of the states (and the federal government) use grand juries, with grand juries being much more common in the eastern U.S. and preliminary hearings being much more common in the western U.S. Preliminary hearings are waived more often than not in less serious felony cases in cases when it is also true that probable cause is clear.
– ohwilleke
6 hours ago
add a comment
|
A "preliminary hearing", of the kind depicted in the Perry Mason novels, is a procedure in California and some other states. It is an alternative to a Grand jury proceeding. It is used to determine whether there is probable cause to put the defendant on trial.
Such hearing are mostly rather routine, and rarely reach the level of drama shown in "Perry Mason". But the prosecutor does present witnesses, which the defendant's lawyer can cross-examine. The defendant may, but rarely does, also present witnesses.
Note that Mason stories sometimes involved a full trial, not just a preliminary hearing.
Gardner, who wrote Perry Mason, was a practicing attorney in CA, and most of the law as he shows it was accurate when he wrote, but he often showed legally possible but highly unlikely events to improve the drama of his stories.
answered 13 hours ago
David SiegelDavid Siegel
26.4k1 gold badge44 silver badges93 bronze badges
1
FWIW roughly half the states primarily use preliminary hearings (most of those still use grand juries for narrow circumstances only, usually organized crime cases and/or cases involving law enforcement defendants or politicians) and about half of the states (and the federal government) use grand juries, with grand juries being much more common in the eastern U.S. and preliminary hearings being much more common in the western U.S. Preliminary hearings are waived more often than not in less serious felony cases in cases when it is also true that probable cause is clear.
– ohwilleke
6 hours ago
add a comment
|
A "preliminary hearing", of the kind depicted in the Perry Mason novels, is a procedure in California and some other states. It is an alternative to a Grand jury proceeding. It is used to determine whether there is probable cause to put the defendant on trial.
Such hearing are mostly rather routine, and rarely reach the level of drama shown in "Perry Mason". But the prosecutor does present witnesses, which the defendant's lawyer can cross-examine. The defendant may, but rarely does, also present witnesses.
Note that Mason stories sometimes involved a full trial, not just a preliminary hearing.
Gardner, who wrote Perry Mason, was a practicing attorney in CA, and most of the law as he shows it was accurate when he wrote, but he often showed legally possible but highly unlikely events to improve the drama of his stories.
answered 13 hours ago
David SiegelDavid Siegel
26.4k1 gold badge44 silver badges93 bronze badges
A "preliminary hearing", of the kind depicted in the Perry Mason novels, is a procedure in California and some other states. It is an alternative to a Grand jury proceeding. It is used to determine whether there is probable cause to put the defendant on trial.
Such hearing are mostly rather routine, and rarely reach the level of drama shown in "Perry Mason". But the prosecutor does present witnesses, which the defendant's lawyer can cross-examine. The defendant may, but rarely does, also present witnesses.
Note that Mason stories sometimes involved a full trial, not just a preliminary hearing.
Gardner, who wrote Perry Mason, was a practicing attorney in CA, and most of the law as he shows it was accurate when he wrote, but he often showed legally possible but highly unlikely events to improve the drama of his stories.
answered 13 hours ago
David SiegelDavid Siegel
26.4k1 gold badge44 silver badges93 bronze badges
answered 13 hours ago
David SiegelDavid Siegel
26.4k1 gold badge44 silver badges93 bronze badges
answered 13 hours ago
David SiegelDavid Siegel
26.4k1 gold badge44 silver badges93 bronze badges
answered 13 hours ago
David SiegelDavid Siegel
26.4k1 gold badge44 silver badges93 bronze badges
26.4k1 gold badge44 silver badges93 bronze badges
1
FWIW roughly half the states primarily use preliminary hearings (most of those still use grand juries for narrow circumstances only, usually organized crime cases and/or cases involving law enforcement defendants or politicians) and about half of the states (and the federal government) use grand juries, with grand juries being much more common in the eastern U.S. and preliminary hearings being much more common in the western U.S. Preliminary hearings are waived more often than not in less serious felony cases in cases when it is also true that probable cause is clear.
– ohwilleke
6 hours ago
add a comment
|
1
FWIW roughly half the states primarily use preliminary hearings (most of those still use grand juries for narrow circumstances only, usually organized crime cases and/or cases involving law enforcement defendants or politicians) and about half of the states (and the federal government) use grand juries, with grand juries being much more common in the eastern U.S. and preliminary hearings being much more common in the western U.S. Preliminary hearings are waived more often than not in less serious felony cases in cases when it is also true that probable cause is clear.
– ohwilleke
6 hours ago
1
1
FWIW roughly half the states primarily use preliminary hearings (most of those still use grand juries for narrow circumstances only, usually organized crime cases and/or cases involving law enforcement defendants or politicians) and about half of the states (and the federal government) use grand juries, with grand juries being much more common in the eastern U.S. and preliminary hearings being much more common in the western U.S. Preliminary hearings are waived more often than not in less serious felony cases in cases when it is also true that probable cause is clear.
– ohwilleke
6 hours ago
FWIW roughly half the states primarily use preliminary hearings (most of those still use grand juries for narrow circumstances only, usually organized crime cases and/or cases involving law enforcement defendants or politicians) and about half of the states (and the federal government) use grand juries, with grand juries being much more common in the eastern U.S. and preliminary hearings being much more common in the western U.S. Preliminary hearings are waived more often than not in less serious felony cases in cases when it is also true that probable cause is clear.
– ohwilleke
6 hours ago
add a comment
|
In addition to David Siegel's accurate answer, here is a map of which states do and do not use grand juries. States where they are not mandatory use them very rarely and instead use preliminary hearings more than 95% of the time in cases where they are not required. (Preliminary hearings are usually only available in felony cases and not in misdemeanors.)
answered 6 hours ago
ohwillekeohwilleke
59.4k3 gold badges70 silver badges155 bronze badges
add a comment
|
In addition to David Siegel's accurate answer, here is a map of which states do and do not use grand juries. States where they are not mandatory use them very rarely and instead use preliminary hearings more than 95% of the time in cases where they are not required. (Preliminary hearings are usually only available in felony cases and not in misdemeanors.)
answered 6 hours ago
ohwillekeohwilleke
59.4k3 gold badges70 silver badges155 bronze badges
add a comment
|
In addition to David Siegel's accurate answer, here is a map of which states do and do not use grand juries. States where they are not mandatory use them very rarely and instead use preliminary hearings more than 95% of the time in cases where they are not required. (Preliminary hearings are usually only available in felony cases and not in misdemeanors.)
answered 6 hours ago
ohwillekeohwilleke
59.4k3 gold badges70 silver badges155 bronze badges
In addition to David Siegel's accurate answer, here is a map of which states do and do not use grand juries. States where they are not mandatory use them very rarely and instead use preliminary hearings more than 95% of the time in cases where they are not required. (Preliminary hearings are usually only available in felony cases and not in misdemeanors.)
answered 6 hours ago
ohwillekeohwilleke
59.4k3 gold badges70 silver badges155 bronze badges
answered 6 hours ago
ohwillekeohwilleke
59.4k3 gold badges70 silver badges155 bronze badges
answered 6 hours ago
ohwillekeohwilleke
59.4k3 gold badges70 silver badges155 bronze badges
answered 6 hours ago
ohwillekeohwilleke
59.4k3 gold badges70 silver badges155 bronze badges
59.4k3 gold badges70 silver badges155 bronze badges
add a comment
|
add a comment
|
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I'm voting to close this question as off-topic because it's about an old TV show, and we can't be expected to review 271 episodes. A question about preliminary hearings without the TV show entanglement could be on topic.
– user6726
13 hours ago
2
@user6726: Re-worked the question by focusing on "preliminary hearing" and reducing "Perry Mason to a parenthetical.
– Libra
13 hours ago
1
I have read (and own copies of) all the Perry Mason novels, and have seen many if not all of the TV episodes, most of which were fairly closely based on one of the novels. In any case this question is largely about what a Preliminary hearing is, and IMO should not be closed. I would vote to reopen if this were closed.
– David Siegel
13 hours ago