Preliminary Hearing and a Push to not End it

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Dec 10, 2012 Comments Off on Preliminary Hearing and a Push to not End it bernardo

According to the “OVERVIEW OF THE WISCONSIN JUDICIAL COUNCIL’S PROPOSED CRIMINAL PROCEDURE CODE COMPREHENSIVE REVISION” there is a proposal on the table to eliminate the preliminary hearing.  This is a statutory right for felonies.  On the one hand they are an expensive hearing for all felony cases where the state has to pay for officers and sometimes witnesses to come down and answer questions.  On the other hand charging someone with a felony should come with some guarantee that the felony is legitimate.  The way that I look at it is through the eyes of an evil person.  If someone really wanted to use the law in an abusive way, what can they get away with.  If you eliminate the preliminary hearing entirely, you can file a complaint against someone for a high felony and have them sit in jail until a resolution of the case, which could be a year from now.  Is that really the checks and balances that we want in this society?