Legal Definitions - examining trial

An examining trial, also known as a preliminary hearing, is a legal proceeding that takes place before a full criminal trial. Its primary purpose is for a judge to determine whether there is sufficient evidence to justify proceeding with a trial against the accused individual. During an examining trial, the prosecution presents a portion of its evidence and calls witnesses, who can then be cross-examined by the defense attorney. The judge listens to the testimony and reviews the evidence to decide if there is "probable cause" or a "prima facie" case—meaning enough evidence to suggest that a crime was likely committed and that the accused likely committed it. If the judge finds sufficient evidence, the case will proceed to a full trial; otherwise, the charges may be dismissed.

• Example 1: Burglary Case

  Imagine a situation where a person, Mr. Davies, is accused of breaking into a local electronics store. Before a full trial can begin, an examining trial is held. During this hearing, the prosecutor calls the store owner to testify about the missing merchandise and presents security footage showing a person matching Mr. Davies' description near the store at the time of the break-in. The defense attorney cross-examines the store owner about the reliability of the security system and the clarity of the footage. After hearing all the evidence presented, the judge determines if there's enough credible evidence to believe Mr. Davies likely committed the burglary, thus justifying a full trial.

  This illustrates an examining trial because the judge is evaluating the initial evidence to decide if the case has enough merit to proceed to a more extensive and costly full trial, rather than making a final determination of guilt or innocence.

• Example 2: Assault Allegation

  Consider a scenario where Ms. Chen is accused of assault following an altercation at a public event. An examining trial is scheduled. The prosecution calls a witness who claims to have seen Ms. Chen strike the alleged victim. The defense attorney questions the witness's vantage point, memory, and potential biases. The judge's role is to assess whether the witness's testimony, combined with any other preliminary evidence, provides a reasonable basis to believe that Ms. Chen committed the assault, thereby warranting a full trial where all evidence and arguments would be presented in detail.

  This demonstrates an examining trial as it serves as a gatekeeping mechanism. The judge isn't deciding if Ms. Chen is definitively guilty, but rather if there's enough foundational evidence to justify putting her through the full trial process.

• Example 3: Drug Possession Charge

  Suppose Mr. Lee is arrested and charged with possession of illegal drugs. An examining trial is convened where the arresting police officer testifies about finding a small bag of suspected drugs in Mr. Lee's car during a traffic stop. The officer explains the circumstances of the stop and the discovery. The defense attorney might question the legality of the search or the chain of custody for the evidence. The judge's task is to determine if the officer's testimony and the physical evidence presented at this stage are sufficient to establish probable cause that Mr. Lee possessed the drugs, allowing the case to move forward to a jury trial.

  This example highlights the examining trial's function in filtering cases. It ensures that individuals are not subjected to the full burden and expense of a trial unless there is a reasonable evidentiary basis to support the charges.