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Old April 13, 2012, 01:59 PM   #2
Isk
Senior Member
 
Join Date: June 28, 2011
Location: Alaska
Posts: 181
Oh geez, where to begin? I suggest you locate and review the Supreme Court case of Hurtado v. People of the State of California, 110 U.S. 516 (1884). Much of the reasoning goes back to the original use of grand juries and centers around the Magna Carta.

Suffice it to say:

"Tried by these principles, we are unable to say that the substitution for a presentment or indictment by a grand jury of the proceeding by information after examination and commitment by a magistrate, certifying to the probable guilt of the defendant, with the right on his part to the aid of counsel, and to the cross-examination of the witnesses produced for the prosecution, is not due process of law...It is merely a preliminary proceeding, and can result in no final judgment"

And:

"The same notice was given, the same process was issued, the same pleas were allowed, the same trial by jury was had, the same judgment was given by the same judges, as if the prosecution had originally been by indictment."

Be sure to enjoy the old-timey language!
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