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accused adversarial preliminary hearing applied California Constitution charged by indictment Citations classifications Conc constitutional provision Council of Cal counsel criminal cross-examination defendant charged denial denied discrimination discriminatory due process equal protection analysis equal protection clause evidence examination and commitment F.Supp felony foregoing Fourteenth Amendment fundamental rights gender-based Goodpaster grand jury hearing grand jury indictment grand jury proceedings grand jury system guest statute illegitimacy important indicted defendants indicting function indictment and information indictment procedures information procedures interests intermediate level issue italics added Judicial Council judicial review jury's L.Rev legislative Legislature level of review level of scrutiny magistrate majority's opinion of Mosk postindictment preliminary hearing present prosecuted by indictment prosecuting attorney prosecution by information prosecutor rational basis standard rational basis test section 14 standard of review strict scrutiny substantive due process supra Supreme Court suspect tier tion trial Typed concurring opinion United States Supreme witnesses