Protecting Tax Payers and Crime Victims: The Case for Restricting Utah's Preliminary Hearings to Felony Offenses

Cassell, Paul G. & Goodwin, Thomas E.

Journal: Utah OnLaw: The Utah Law Review Online Supplement

Volume: 2012

Year: 2012

Bluebook Citation: 2012 UTAH ONLAW (2012)

Author: Thomas E. Goodwin: all 3 publications


Abstract

Requiring preliminary hearings for Class A misdemeanors is undesirable for two simple reasons. First, the court’s decision will result in hundreds of additional preliminary hearings a year, thus imposing substantial costs on taxpayers and burdens on an already overwhelmed criminal justice system. Second, the decision will create substantial hardships for crime victims, who will now be twice subjected to cross-examination by defense attorneys—once at the preliminary hearing and again later at trial. And these costs will generate no significant benefit in return.

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