NCJ Number
37644
Journal
Criminal Justice Quarterly Volume: 4 Issue: 2 Dated: (SPRING-SUMMER 1976) Pages: 47-73
Date Published
1976
Length
27 pages
Annotation
THIS ARTICLE REPRESENTS THE CULMINATION OF A STUDY CONCERNING THE VIABILITY OF THE GRAND JURY IN NEW JERSEY, FOCUSING ON THE DUAL CHARGING SYSTEM TO ELIMINATE DUPLICATIVE PROCEDURES IN PROSECUTIONS.
Abstract
THE DUAL CHARGING SYSTEM ALLOWS FOR INITIATION OF PROSECUTION EITHER BY AN INFORMATION OR, IN APPROPRIATE CASES, BY A GRAND JURY. THE AUTHORS ADVOCATE ADOPTION OF THIS SYSTEM TO BEST PROTECT THE INTERESTS OF JUSTICE IN NEW JERSEY, AND DISCUSS AMENDMENTS TO THE STATE CONSTITUTION NECESSARY TO PERMIT THE PRACTICE AND GUARANTEE FOR A SCREENING PROCEDURE. THE FORM AND CONTENTS OF AN INFORMATION, AS WELL AS THE FILING PROCEDURE ARE EXPLAINED. THE CONCEPT OF UTILIZING PRELIMINARY HEARINGS AS AN ALTERNATIVE TO THE GRAND JURY'S DELIBERATION AND INDICTMENT FUNCTIONS IS DISCUSSED, INCLUDING WHICH COURT HAS JURISDICTION OVER PRELIMINARY HEARINGS AND FORMAT AND LAW GOVERNING THEM. INFORMAL GUIDELINES FOR PROSECUTORS DECIDING BETWEEN INDICTMENT AND INFORMATION ARE SUGGESTED. PROPOSALS FOR REFORM OF THE OVERALL GRAND JURY SYSTEM ARE ALSO PRESENTED.