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Show Arguments Against II IK PROPOSED matic than a preliminary hearing. The rules presently allow the preliminary hearing courtrooms to be closed in sensitive cases. Victims need only testify before a judge, the accused and both attorneys. In a trial setting, the victims must testify before eight jurors they do not know. The elimination of live testimony at the preliminary hearing will only require victims AMKNDMKNT DENIES UTAH'S CITIZENS T1IKIK CONSTITUTIONAL KIOHTS. Tlic ( '(institution of (he Slate of Utah was adopted in 1896 and affords all citizens certain freedoms and rights. Insofar as the proposed amendment creates for victims the right to be treated witlt fairness, respect, and dignity, it is worthy of support. I'o (lie extent that it eliminates constitutional protections lor citizens accused of crime, it cannot be supported. The amendments to article I. $ 12 will forever alter the way in which persons accused of crime are treated by eliminating the to appear and testify at a longer and more extensive jury trial, in a far more traumatic setting. Mike MofTat Richard Mauro Jim Bradshaw Utah Association of Criminal Defense Lawyers right of citizens to confront and question their accusers at preliminary hearings. The victim's rights measure will allow hearsay statements in plaec of live witness testinuiny. A hearsay statement is unreliable because the person making the statement, observing the event, or discovering the evidence is not pa-se- in court and not subject to questioning. CHANCES TO THE PRELIMINARY HKARIN'C SYSTEM ARK UNNECESSARY. Rebuttal To licarings serve a useful and important function m Utah's criminal justice system. At preliminary hearings assure that innocent people are not wrongly convicted of crimes by requiring that there he sufficient evidence to warrant a trial. Our Supreme Court has stated that the most imxirtant function of a preliminary hearing is to discover the truth and to ensure that groundless prosecutions are dismissed. This function is best served by granting the accused the right to confront and question all witnesses including victims. As demonstrated by O.J. Simpson's preliminary hearing, such questioning allows (he prosecution and defense to assess the pa-sen- t, Proposition I is opposed principally by the defense bar, a special interest group. Without clearly enumerated victims rights, the system intimidates crime ictiins and unduly burdens the prosecution of dangerous criminals. Virtually every member of the slate legislature and a broad spectrum of citizens groups from all parts of the state support Proposition I. Proposition 1 restores traditional rights to the people for preliminary hearings. In Utah, the ap- belies ability of w itnesses and the strengths and w eaknesses of their respective cases. hearings also narrow the issues for trial. long-stand- ing proach had been to have police officers testify and be at the preliminary hearing rather than subjecting crime victims to this ordeal. Proposition would reestablish cross-exami- ned THE VICTIM'S RICHTS MEASURE WILL COST TAXPAYERS MONEY. 1 this traditional approach, which is followed in must states and all federal courts, by allowing reliable evidence in preliminary At present, preliminary hearings promote the settlement of cases saving taxpayers the expense of jury trials. Ily allow ing hearsay testimony, neither the prosecution mu' defense w ill ha e the opportunity to assess the credibility of w itnesses or the strength of their cases. As a result, many more cases w ill go to trial, the cost being passed onto the tax- hearings ing w hen "permitted by the United Slates Constitution." Proposition 1 will save the taxpayers money. In contrast to unsupported speculation, a detailed study at the University ofl:tah College of Law found that Proposition I would save the taxpayers more than S920.1XX) each y ear by reducing unwarranted expenses associated with preliminary hearings. Similarly, a study published by the Utah Ijjh Review found that eliminating the need for victims to testify at preliminary hearings could save as much as SIIXUXK) each year in witnesses expenses in Salt Lake County alone payer. ALLOWING HEARSAY AT PRELIMINARY HEARINGS WILL NOT PROTECT VICTIMS. Admission of hearsay statements at preliminary hearings ictints w ill testify in open courtrooms before a judge and jury . This is more trau w ill cause more cases to go to trial. At trial Senator Craig A. Peterson It1 |