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Preliminary Examination of the Future

NCJ Number
170228
Author(s)
J Horvath
Date Published
1996
Length
25 pages
Annotation
This study indicates future developments may fundamentally change the way in which California courts are operated, particularly with regard to the preliminary hearing process.
Abstract
The focus of the study is on the police role in preliminary hearings of the future, the use of technology, and legal ramifications of changes in the preliminary hearing process. An analysis of future trends and events resulted in the construction of a possible scenario for the future of preliminary hearings. The future of the preliminary hearing process was examined in terms of prospects for electronic case filings, the use of an integrated criminal justice computer system, the unification of municipal and superior courts, and the replacement of preliminary hearings with judicial review of arrest documentation. Strategic and transition management plans were developed, and obstacles to the implementation of changes in the preliminary hearing process were identified. It was determined that a growing population, increased sentencing severity, and lack of public funding will strain the ability of the criminal justice system to change the preliminary hearing process; that increased use of technology, the decriminalization of drugs, and the reduction of felony arrests may forestall the need to change the way in which preliminary hearings are conducted; and that the preferred course of change is a two-pronged approach based on the increased use of technology and replacement of the existing preliminary hearing process with one using a judicial officer to review arrest documentation. 15 references and 21 endnotes