Grand Jury V. Preliminary Hearing

In Stearns County, Minnesota, they use the grand jury system (County of Stearns Minnesota, 2004). The differences between grand juries and a preliminary hearing method vary. For example, a grand jury decides if there is a probable cause to accuse individuals or corporations on criminal charges based on the evidence provided (US Courts, 2007). Grand jury sessions are held in a private room, with only the grand jury, which consists on 23 people, government lawyers, court reporters, an interpreter if needed, and the witnesses to be heard, all are under oath (US Courts, 2007). While a preliminary hearing is where the judge decides if there is enough evidence to force the defendant to stand trial (FindLaw, 2009). In reaching this probable cause decision, the judge listens to arguments from the government (through a government attorney, or "prosecutor"), and from the defendant (usually through his or her attorney) (FindLaw, 2009). The prosecutor may call witnesses to testify, and can introduce physical evidence in an effort to convince the judge that the case should go to trial (FindLaw, 2009). The defense usually cross-examines the government's witnesses and calls into question any other evidence presented against the defendant, seeking to convince the judge that the prosecutor's case is not strong enough, so that the case against the defendant must be dismissed before trial (FindLaw, 2009).

Sources:

County of Stearns Minnesota. (2004, October 28). Stearns County Grand Jury Returns 1st Degree Murder Indictment re: Eric Maurice Wright. Retrieved November 5, 2009, from

http://www.co.stearns.mn.us/1271_3561.htm

FindLaw. (2009). Preliminary Hearing. Retrieved November 5, 2009, from http://criminal.findlaw.com/crimes/criminal_stages/criminal_preliminary_hearing/

US Courts. (2007, October). Grand Jury Handbook. Retrieved November 5, 2009, from http://www.uscourts.gov/jury/grandjury.html