Grand JuryIs known as a citizen grand jury because they are made up of people that live in the communityGrand jury case is done in privateA witness will come in and give their testimony and they voteIf they have a majority- then they will issue a true-bill or a no-billIf they believe there is enough evidence they will stamp true bill and move on with the convictionIf they don’t think there is enough evidence- then they stamp no-billGrand Jury ProceedingsThey can rely on hear sayA cop can come in and tell what he heardKeeps from bringing in a bunch of witnessesThey can rely on illegally seized evidenceCops can tell that they illegally seized evidenceSeveral powersSubpoena witnessesThey can also require you to bring in photos, records, files etc.Subpoena ducestecum- required materials they ask the witness to bring with them to the hearingGrant immunitySometimes they need your testimony but it might incriminate youOnce granted immunity you cannot be prosecutedTwo kinds of immunity:Use immunityIf you are granted this, they cannot use your testimony in future prosecutions against youIf they don’t need your testimony to convict you because they have other evidence, they can still convict youTransaction immunityWitness cannot be prosecuted at all about what they testified aboutPower to meet in secretGrand jury, Witness, Court reporter are presentReasons why it should be done in secret ?Prevent witness tamperingTo encourage free testimony of the witnessHave the power to indict someone for the crimeAlmost every case they indictPreliminary hearingBoth sides are presentOpen to the publicMagistrate is going to hear the casesThe goal is to determine there is probable causeAt this level its not indicted they just determine if it is ‘bind-over’If there isn’t probable cause, the magistrate can dismiss the caseThey can bring it up again in the futureIf one has been indicted already, they don’t have the right to a preliminary hearingEvidence that is not admissible in trial is admissible in a preliminary hearingThe magistrate can rely on that evidenceIt’s a statutory right- statute gives people the right no the constitutionIt is a critical stage in the prosecution so the defendant does have a right to have a lawyer at the hearingIt can preserve future testimony for later impeachmentIt’s a good discovery deviceIt’s a good way to get some information on the defense sideThe defendant can waive their rights to a hearingCRJU 203 1st Edition Lecture 19Outline of Lecture I. Grand Jury II. Grand Jury Proceedings a. Grant Immunity III. Preliminary Hearing Current Lecture - Grand Jury o Is known as a citizen grand jury because they are made up of people that live in the community o Grand jury case is done in private  A witness will come in and give their testimony and they vote  If they have a majority- then they will issue a true-bill or a no-bill If they believe there is enough evidence they will stamp true bill and move on with the conviction  If they don’t think there is enough evidence- then they stamp no-bill Grand Jury Proceedings - They can rely on hear say - A cop can come in and tell what he heard o Keeps from bringing in a bunch of witnesses - They can rely on illegally seized evidence o Cops can tell that they illegally seized evidence - Several powerso Subpoena witnesses  They can also require you to bring in photos, records, files etc.  Subpoena ducestecum- required materials they ask the witness to bring with them to the hearing These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Grant immunity o Sometimes they need your testimony but it might incriminate you o Once granted immunity you cannot be prosecuted o Two kinds of immunity:  Use immunity  If you are granted this, they cannot use your testimony in future prosecutions against you  If they don’t need your testimony to convict you because they have other evidence, they can still convict you  Transaction immunity  Witness cannot be prosecuted at all about what they testified about  Power to meet in secret  Grand jury, Witness, Court reporter are present  Reasons why it should be done in secret ?- Prevent witness tampering o To encourage free testimony of the witness - Have the power to indict someone for the crime o Almost every case they indict Preliminary hearing - Both sides are present - Open to the public - Magistrate is going to hear the cases - The goal is to determine there is probable cause - At this level its not indicted they just determine if it is ‘bind-over’ - If there isn’t probable cause, the magistrate can dismiss the case - They can bring it up again in the future- If one has been indicted already, they don’t have the right to a preliminary hearing - Evidence that is not admissible in trial is admissible in a preliminary hearing o The magistrate can rely on that evidence - It’s a statutory right- statute gives people the right no the constitution- It is a critical stage in the prosecution so the defendant does have a right to have a lawyer at the hearing - It can preserve future testimony for later impeachment - It’s a good discovery device o It’s a good way to get some information on the defense side o The defendant can waive their rights to a