A preliminary examination is a court hearing in which the prosecutor must prove to the judge that there is enough evidence and probable cause for a case to go to trial, according to Cornell University Law School. The hearing does not determine the guilt of the defendant.Know More
Many criminal cases have preliminary examinations before the trial. However, in some cases, preliminary examinations, or hearings, are not necessary. According to Cornell University Law School, in federal criminal cases, no preliminary examination is conducted if the charges are for a petty offense, the defendant waives the hearing, the defendant is indicted or the federal government presses misdemeanor charges.
Cornell University Law School explains that if the prosecuting attorney proves there is enough evidence to prove probable cause that the defendant is guilty of the crime, the judge orders the case to go to trial. If the judge rules there is not enough evidence, the case is dismissed and the defendant is released. If the case is dismissed, the defendant may still face charges for the same crime if new evidence is uncovered.
During the preliminary examination, the prosecuting attorney introduces evidence and questions witnesses to prove probable cause. According to Tennessee State Courts, the defendant has the right to cross-examine these witnesses during the hearing.Learn more about Law
A civil injunction is a court order that requires a person to do or stop doing a specific action, according to the Cornell University Law School. Some civil injunctions require that one individual not have contact with another, and these are referred to as "restraining orders."Full Answer >
Reasonable doubt is the legal measurement by which jurors are instructed to judge a defendant in a criminal case not guilty, according to Cornell University Law School. Reasonable doubt occurs when a rational person concludes that the prosecution in a court case has failed to produce sufficient evidence of guilt for every element of the crime of which the person is accused.Full Answer >
In court, the prosecutor presents the complaint against the defendant by making an opening statement, presenting the evidence and making a closing argument. If witnesses testify, the prosecutor cross-examines them. He can challenge evidence and witness testimonies. His job is to prove the defendant's guilt beyond a reasonable doubt.Full Answer >
A motion to suppress is a request made in a criminal trial by the defendant, asking the judge to exclude evidence because it was gathered illegally or in violation of the defendant's constitutional rights, states Nolo. The judge decides whether or not to grant the motion.Full Answer >