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

By Kristine Denman and Caitlyn Sandoval

Since its inception, the United States has used the grand jury system. Grand juries are an independent group of citizens whose job is to determine whether there is sufficient evidence to charge an individual with a crime, thereby ensuring that the prosecutor does not abuse their discretion. Legal scholars, though, have long raised concerns about the use of grand juries. At least as early as the 1800s, scholars and others have questioned whether the practice should be abolished. They cite concerns that, in practice, not only are grand juries costly, they also do not result in the intended protections (see, e.g., Kinghorn, 1881; Younger, 1955). Despite this long-standing controversy, the criminal justice system continues to use grand juries at the federal level and in jurisdictions across the United States, including in New Mexico. In 2018, however, the Bernalillo County District Court (the largest judicial district in New Mexico) reported that they would be limiting the number of grand juries held from approximately 20 times per month to six (Guadaro, August 6, 2018). Proponents in New Mexico argue that preliminary examinations—the alternative to grand jury—are more transparent, cost-effective, and lead to improved case outcomes among cases that proceed to district court, mirroring many of the same arguments made nationally and historically. Opponents, on the other hand, argue that in the long run, preliminary examinations are not cost-effective and may have an adverse effect on crime (ibid). The purpose of the current study is to understand the processing of felony cases in New Mexico and the influence of prosecutorial discretion in that process. Specifically, the study explores case initiation type and whether this is associated with the ultimate disposition of cases. Further, the study reviews the efficiency of preliminary examinations. Finally, we examine whether offense type, jurisdiction, and COVID-19-related restrictions are related to these decisions and procedures.   

Albuquerque: New Mexico Statistical Analysis Center , 2023. 62p.