Is hearsay evidence admissible at preliminary hearings in criminal cases?

California, United States of America


The following excerpt is from Correa v. Superior Court, 101 Cal.Rptr.2d 242, 84 Cal.App.4th 631 (Cal. App. 2000):

p. 533.) Such an exception was created in 1990 when the voters adopted Proposition 115, an initiative measure entitled, "The Crime Victims Justice Reform Act." Among many other things, Proposition 115 added section 30, subdivision (b) to article 1 of the California Constitution, declaring hearsay evidence is admissible at preliminary hearings in criminal cases "[i]n order to protect victims and witnesses . . . ." The measure also amended "section 872, subdivision (b), of the Penal Code to provide that a probable cause determination at a preliminary hearing may be based on hearsay statements related by a police officer with certain qualifications and experience." (Whitman v. Superior Court (1991) 54 Cal.3d 1063, 1070.)

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