Does information charging violate the Defendants due process rights?
No. The U.S. Constitution requires due process, which is satisfied by either a grand jury proceeding, a preliminary hearing or by information charging. What protects the Defendant’s rights? The defendant’s criminal defense attorney may file a motion to dismiss the charge if he or she believes the evidence does not support the charge. When a person testified at the grand jury or the preliminary hearing they are under oath. With information charging the witness or victim isn’t under oath so they can give a false statement and get away with it. Wrong. It is a crime for anyone to give a false report to a law enforcement authority. Furthermore at the time of trial all victims and witnesses witness will be under oath when they testify. WHO SUPPORTS INFORMATION CHARGING?
