In your own words what is a preliminary examination What is the relationship between a preliminary examination and the role of a grand jury How does a preliminary examination apply to individual rights within the criminal justice system Explain A preliminary examination is normally up to the defendant although in some cases a judge may demand it to take place Normally things of this nature take place in child abuse or other types of abuse cases In short it is an exam that takes place before the trial It is a means to determine if there is an actual case They need to determine that a potential crime could has possibly taken place Normally they need a 51 chance that a crime has taken place A preliminary examination relates to a grand jury because neither will be officially related to the outcome of the trial A preliminary examination is to determine whether or not a trial could take place based on the evidence prevented and is determined by a judge A grand jury is used to determine if there is enough evidence presented to have an actual trial and is determined by a jury They both remind me of practice runs for a future trial and are used to see if a trial should actually take place A preliminary examination applies to individual rights within the criminal justice system because it attempts to ensure that the person going on trial could potentially be guilty In our country you are innocent until proven guilty and this is another step in the process to be sure that the person on trial is potentially guilty The preliminary examination is something the defendant can waive if he or she wishes but it is not advised It is an open hearing at which witnesses are cross examined Their testimony may be used in the trial if necessary to ensure consistency and to possibly discredit a witness if needed In the event a witness is unable to testify at the actual trial his or her testimony at the preliminary examination may be used The preliminary examination is a hearing to establish probable cause for the trial and is an opportunity for the defense to identify the strength of the prosecutors case The grand jury procedures overlap with the preliminary examination The goal is to determine probable cause for a trial In cases that are handed to the grand jury the general rule is that the defendant is no longer entitled to a preliminary examination This is where the two work together The preliminary examination is open to the public as opposed to the grand jury which is held in secrecy When applying this to individual rights it is advisable for a defendant to do the preliminary examination so the defense can see the strength of the prosecutor s case The only negative factor about the preliminary examination is that prosecution witnesses may become more comfortable in the courtroom and with questioning when it comes to the actual trial The advantages outweigh the disadvantages though and a defendant can benefit from the preliminary examination The preliminary examination is a public hearing open to everyone unless the judge deems it to make an unfair trial for the defendant