1.

Why does the law give a defendant the option to skip the preliminary
hearing? Why might a defendant choose to do this?

A defendant may choose not to appear at the preliminary hearing for a

number of reasons, according to the law. Initially, the purpose of the
preliminary hearing is to ascertain if there is sufficient evidence to move on
with the case to trial. The defendant may decide to forego the hearing in order
to speed up the legal procedure if they feel there is not enough evidence
against them. In addition, the defense lawyer may have chosen to forego the
preliminary hearing as a calculated move to keep their case plan and defense
techniques a secret from the prosecution before the trial. This choice carries
some danger, too, as the defendant forfeits the chance to refute the evidence
or the reliability of the witness early on.

2. Choose one case from the news article you read regarding a motion for
change of venue. Do you believe a change of venue was needed in this
particular case to have a fair trial? Here is the article (it is also attached
below):

A change of venue may have been considered necessary for a fair trial in the
1999 Amadou Diallo case because of widespread media attention and
heightened public reaction. Potential jurors could have been biased by the
trial's intensive scrutiny and passionate climate in New York City, which could
have affected the trial's fairness. It might have been permissible to move the
trial to a less biased location in order to protect the defendants' right to an
impartial jury. Ultimately, the choice to move the trial's location is based on
the particulars of the case as well as the possible impact of pretrial publicity
on the impartiality of the trial.

3. Of the 5 steps in the trial process (jury selection, opening statements,

witness examination, closing arguments, and jury deliberation), which do you
believe is MOST important to ensuring a fair trial for the defendant?

Jury selection is perhaps the most important of the five trial process phases
to guarantee the defendant a fair trial. The jury's makeup significantly affects
the verdict of the case because it is their job to decide whether the accused is
guilty or innocent. The right of the accused to a fair trial must be upheld by a
jury that is both fair and unbiased. Protecting the rights of the defendant and
upholding the integrity of the legal system depend critically on jurors being
impartial, free from preconceived preconceptions about the case, and able to
assess the evidence provided with objectivity. The selection of the jury affects
the overall fairness of the proceedings and lays the groundwork for a
reasonable and unbiased trial.