Felony Case Initiation Type: The Use of Grand Jury versus Preliminary Examination in New Mexico

The debates about case initiation type that have occurred in the 2nd Judicial District are similar to those that have occurred nationally and historically. These debates raise important questions about the use of grand juries versus preliminary examinations, such as which method prosecutors use to initiate cases most often, for which types of cases, and whether outcomes differ by case initiation type. In New Mexico, very little is known about the use or effectiveness of grand juries versus preliminary examinations across the state. Further, while some data are available for the 2nd Judicial District, it is limited. For instance, it is unknown how many times preliminary examinations are rescheduled, how frequently cases are rescheduled for reasons other than the failure of the defendant to appear (e.g., prosecutor or defense not ready), and whether rescheduling is related to determination of probable cause. It is important to understand whether and how the case initiation decision influences the progression of cases, and how this may vary by offense type, jurisdiction, and other key factors. The current study aims to fill some of these gaps.