Ronald F. Wright, Kay L. Levine, and Russell M. Gold
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.
The Oxford Handbook of Prosecutors and Prosecution
Oxford University Press
grand jury, preliminary hearing, probable cause hearing, burden of proof, prosecutorial discretion
Criminal Law | Criminal Procedure | Law
Fairfax, Roger A., "Testing Charges" (2021). Contributions to Books. 321.