Ca Prop 115 Preliminary Hearing

Proposition 115: The People argue that the passage of Proposition 115 has so eroded the purpose of a preliminary hearing that it is now permissible to conduct a hearing while the defendant is incompetent. Proposition 115 was passed for the purpose of streamlining the criminal justice system. (Whitman v. Superior Court (1991) 54 Cal. 3d 1063, 1075 2 Cal. Rptr. 2d 160, 820 P.2d 262). One of its effects has been to limit the preliminary hearing to the single issue of the existence of probable cause. (Id. at p. 1079). The right to cross-examine witnesses has been significantly restricted and the introduction of hearsay is now permitted. (Id. at p. 1076).