Testing Charges

Title

Testing Charges

Editors

Ronald F. Wright, Kay L. Levine, and Russell M. Gold

Files

Description

Chapter Abstract: The authority of the prosecutor to file charges is broad but not plenary. Legal systems create various mechanisms to test the quality of the evidence supporting the charges that the prosecutor files. This chapter describes and evaluates those mechanisms, including review of charges by judges, popular review of charges by grand juries and trial juries, and reconsideration of charges by prosecutors themselves. The intensity of the review of charges varies at different stages of the proceedings. The chapter compares the review available at the point of warranted arrest, warrantless arrest, grand jury, probable cause hearing, preliminary hearing, motion to dismiss, motion to suppress evidence, jury trial, bench trial, motion for judgment of acquittal, motion for new trial, appellate review of evidentiary sufficiency, and collateral proceedings.

ISBN

9780190905422

DOI

10.1093/oxfordhb/9780190905422.013.4

Publication Date

5-26-2021

Book Title

The Oxford Handbook of Prosecutors and Prosecution

Publisher

Oxford University Press

City

Oxford

Series

Oxford Handbooks

Keywords

grand jury, preliminary hearing, probable cause hearing, burden of proof, prosecutorial discretion

Disciplines

Criminal Law | Criminal Procedure | Law

Testing Charges

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