Both sides are present- adversarial hearingOpen to the publicMagistrate is going to hear the casesThe goal is to determine there is probable causeWitnesses will be called and they are open to cross examination at this pointIf there isn’t probable cause, the judge binds the case over- sends it to the grand jury to see if they agreeOnce can still be indicted without with stepThey 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 not 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 impeachment of witnessesIt’s a good discovery deviceIt’s a good way to get some information on the defense sideThe defendant can waive their rights to a hearingConfrontation clauseDefendant can be there and see their accusersSecret trials are not allowed because they wont be fairDefendant can waive their right to be at the trialBut that won’t mean the case will go awayThey can keep you in contemptThey can hold the trial when the defendant isn’t thereJust because they aren’t present it doesn’t mean they wont prosecuteJury SelectionMaster jury listVoi DireBatson v. KentuckyReversed BatsonSize of the JuryOnce the jury is selected and the trial beginsTrial Procedure (19)Post-verdict motionMotion to pull the juryMotion for an arrested verdictMotion for a mistrialProsecutorial misconductBrady v. MDCRJU 203 1st EditionExam # 4 Study GuidePre-Trial Process (16)- Prosecutorso Selective Prosecution o Vindictive Prosecution- Pre-Trial Release - Bail o Reasons to deny bail - Types of bond o Release of recognizance bond o Cash or property bond o Deposit bond o Bonding company Grand Jury & Preliminary Hearings (17)- Grand Jury - Grand Jury Proceedings o Powers of the grand jury  Subpoena witnesses  Grant immunity  Transactional immunity o Power to meet in secret Preliminary Hearing - Both sides are present- adversarial hearing - Open to the public - Magistrate is going to hear the cases - The goal is to determine there is probable cause - Witnesses will be called and they are open to cross examination at this point - If there isn’t probable cause, the judge binds the case over- sends it to the grand juryto see if they agree - Once can still be indicted without with step - 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 not 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 of witnesses - It’s a good discovery device o It’s a good way to get some information on the defense side - The defendant can waive their rights to a hearing Trial Process (18) Confrontation clause  Defendant can be there and see their accusers  Secret trials are not allowed because they wont be fair  Defendant can waive their right to be at the trial - But that won’t mean the case will go away  They can keep you in contempt  They can hold the trial when the defendant isn’t there - Just because they aren’t present it doesn’t mean they wont prosecute  Jury Selection o Master jury list  Voi Dire o Batson v. Kentucky o Reversed Batson  Size of the Jury  Once the jury is selected and the trial begins Trial Procedure (19)  Post-verdict motion o Motion to pull the jury o Motion for an arrested verdict o Motion for a mistrial o Prosecutorial misconduct  Brady v.