As a criminal defense attorney with over two decades of experience practicing law in New Mexico, I am often asked about the differences between a preliminary hearing and a jury trial. While these two procedures may seem similar, they serve different purposes and have different standards of proof.
In this blog post, I will explain the differences between a preliminary hearing and a jury trial in a New Mexico State court while expanding on the references to the classic movie “My Cousin Vinny” for examples.
Let’s start by discussing the preliminary hearing first:
What Is a Preliminary Hearing?
A preliminary hearing is a proceeding before trial, where the judge determines whether there is enough evidence to proceed with a trial. The prosecution presents its evidence, and the defense can cross-examine witnesses. The judge then decides whether there is probable cause to believe the accused committed the crime. If the judge finds probable cause, the case proceeds to trial. If the judge does not find probable cause, the charges are dismissed.
In “My Cousin Vinny,” the character Bill Gambini (played by Ralph Macchio) and his friend Stan Rothenstein (played by Mitchell Whitfield) are accused of murder in a small town in Alabama. At their preliminary hearing, the prosecution presents its case and calls several witnesses who claim to have seen Bill and Stan leaving the convenience store where the murder took place.
However, Vinny (played by Joe Pesci), the inexperienced lawyer representing Bill and Stan, does not cross-examine the prosecutions witnesses. The judge, portrayed as skeptical of Vinny’s competence throughout the movie, asks Vinny whether he will cross examine the witnesses against his clients. Vinny, who because of his inexperience, may not have been aware of the right to cross examine or as a tactic does not cross examine the witnesses. The judge finds probable cause to proceed to trial.
Key Differences Between Preliminary Hearings vs. Jury Trials
So, what are the key differences between a preliminary hearing and a jury trial? Here is a rundown of each one I’ve outlined below:
Difference #1. Standard of Proof
One crucial difference is the standard of proof. At a preliminary hearing, the judge only needs to find probable cause to believe the accused committed the crime. This standard of proof is relatively low. I would describe probable cause as more likely than not. At a jury trial, the prosecution must prove its case beyond a reasonable doubt, which is the highest standard.
Difference #2: Judge and Jury Roles
Another critical difference is the role of the judge and jury. At a preliminary hearing, the judge decides whether there is probable cause to proceed with a trial. At a jury trial, the judge is responsible for ensuring the trial is conducted fairly and according to law. However, the jury ultimately decides whether or not the accused is innocent or guilty.
In “My Cousin Vinny,” the judge is portrayed as being biased against Vinny. He frequently interrupts Vinny and imposes strict penalties for his mistakes. However, the judge would not ultimately decide the verdict. That responsibility falls to the jury, composed of community members who have been selected to serve as impartial fact-finders.
Difference #3: Scope of Evidence (In Some Cases)
Another difference between a preliminary hearing and a jury trial is the scope of the evidence presented. The prosecution must only present enough evidence to establish probable cause at a preliminary hearing. This means that the prosecution may not present all its evidence at the preliminary hearing. At a jury trial, however, both the prosecution and the defense can present theirs, and the jury considers all of the evidence presented before reaching a verdict.
In “My Cousin Vinny,” the prosecution initially presents a strong case against Bill and Stan, with a witness who claims to have seen them leaving the convenience store where the murder took place. However, as the trial progresses, Vinny and his team can present evidence that challenges the prosecution’s case and ultimately leads to the dismissal of the charges against Bill and Stan.
It’s also important to note that not all criminal cases proceed to a jury trial. In some cases, the accused may plead guilty to the charges against them in exchange for a reduced sentence, dismissal of some charges or other benefits. In other cases, the prosecution may drop the charges altogether due to lack of evidence or other factors.
In “My Cousin Vinny,” the movie provides an example of a case that proceeds to trial and is dismissed by the prosecution after the defense presents an overwhelming defense. However, it’s important to remember that not all cases go to trial, and that plea bargains and dismissals are common outcomes in the criminal justice system. In summation, the key differences between these proceedings include the standard of proof, the role of the judge and jury, the scope of the evidence presented, and the potential outcomes of the case.
Final Thoughts on Preliminary Hearings vs. Jury Trials
A preliminary hearing and a jury trial are both essential proceedings in the criminal justice system, but they serve different purposes and have different standards of proof. A preliminary hearing determines the probable cause to proceed with a trial, while a jury trial determines whether the accused is guilty or not guilty beyond a reasonable doubt.
Contact Us for Free Legal Advice During a Case Strategy Session
As a criminal defense attorney with over two decades of experience practicing law in New Mexico, I am committed to ensuring that my clients receive fair and just treatment under the law, whether at a preliminary hearing or a jury trial. While “My Cousin Vinny” provides an entertaining and exaggerated example of these proceedings, it still offers valuable insights into how the criminal justice system works.
If you or a loved one is facing criminal charges in New Mexico, don’t hesitate to contact my office for a Free Case Strategy Session at (505) 426-8711 or online.
