NCJ Number
13916
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 59 Issue: 4 Dated: (1968) Pages: 463-490
Date Published
1968
Length
28 pages
Annotation
REVIEW OF PRELIMINARY HEARING PROCEDURES IN CHICAGO, WHICH INCLUDE A CASE SCREENING FUNCTION PERFORMED BY THE JUDGE, RATHER THAN BY THE PROSECUTOR.
Abstract
IN ADDITION TO ITS TRADITIONAL ROLE OF DETERMINING PROBABLE CAUSE, THE PRELIMINARY HEARING SERVES A SECOND FUNCTION IN CHICAGO. THE JUDGE CONDUCTING THE HEARING REVIEWS MOST FELONY CASES INITIATED BY THE POLICE AND DECIDES WHICH OF THEM SHOULD BE FURTHER PROSECUTED, WHICH SHOULD BE DISMISSED, AND WHICH SHOULD BE DEALT WITH IN SOME MANNER OTHER THAN THE FORMAL METHOD OF PROSECUTION AND ADJUDICATION. NORMALLY, THIS INITIAL CHARGING OR CASE SCREENING PROCESS IS CONDUCTED BY THE PROSECUTOR. IN MAKING THIS CHARGING DECISION, THE JUDGE CONSIDERS THE LIMITATIONS ON THE CRIMINAL JUSTICE SYSTEM IN CHICAGO, THE SOCIOECONOMIC CULTURAL GROUPING OF THE DEFENDANT, THE STRENGTH OF THE STATE'S CASE, THE EXISTENCE OF A GOOD DEFENSE, AND VARIOUS MITIGATING OR AGGRAVATING FACTORS. THE JUDGE MAY DISMISS THE CASE, 'STRIKE OFF WITH LEAVE TO REINSTATE' (SOL), REDUCE THE CHARGE TO A MISDEMEANOR, OR INSTITUTE A PROGRAM OF COURT SUPERVISION. COURT SUPERVISION IS AN INDIVIDUAL PROGRAM WHICH CAN INCLUDE PROBATION, SHORT PERIODS OF CONFINEMENT, OR OTHER DISCRETIONARY ACTIONS AIMED AT THE FIRST, YOUNG, OR NON-SERIOUS OFFENDER. ALTERNATIVELY, THE JUDGE MAY BIND THE CASE OVER TO THE SECOND GRAND JURY ON THE ORGININAL CHARGE. THE AUTHOR NOTES THAT IN SOME VERY SPECIALIZED CASES, THE PROSECUTOR MAY BYPASS THE PRELIMINAY HEARING AND SEEK A DIRECT INDICTMENT BY THE GRAND JURY.