Preliminary hearings are an integral part of our justice system.
We believe that preliminary hearings should serve as a means of discovery - in which the judge, the prosecution, and the accused can make informed decisions before proceeding to trial.
Preliminary hearings have been around since Utah was a U.S. territory. Established as an adversarial proceeding, their robust nature allowed the judge to weed out “groundless and improvident” prosecutions (State v. Anderson, 1980).
An amendment to the Utah constitution in 1994 severely limited the scope and viability of this proceeding. Since then, we have witnessed a steady erosion of rights and protections surrounding this basic tenet of our justice system.
Documents known as 1102 statements are frequently used in place of witness testimony. These statements are often prepared by the prosecutor and prosecution staff, and are limited in substance to constitute the barebones elements of the charge.
Utah needs to restore the efficacy of the preliminary hearing.
Core principles of preliminary hearing reform:
The defense must have a meaningful way to obtain witness testimony
The defense must have the ability to present evidence during the preliminary hearing
An individual should make decisions about trial with a full knowledge of the case against them