1. Grand juries also are a reminder, now mostly symbolic, of judicial fact-investigation capac;CALIFORNIA LAW REVIEW
2. Moynahan describes Connecticut General Statute � 54-47, since repealed, which provided for a judicially initiated "investigatory inquiry" in which "witnesses may be questioned by the judge, the referee, the state's attorney ? or any other attorney appointed for that purpose and the report made to the Superior Court;Apparently only one state continues to authorize courts of inquiry. See TEX. CODE CRIM. PROC. ANN,2004
3. criminal judges sometimes have capacity to evaluate facts (and influence parties' evaluation) pretrial. In contrast to federal practice, there is a modest trend among states to allow judicial involvement in plea negotiations; these jurisdictions are comfortable with judges influencing plea terms and conveying evidentiary assessments to defendants. 190 Moreover, we already allow criminal judges to learn significant amounts about the investigative record through pretrial motion practice. In low-level cases, judges make pretrial decisions about appointment of defense counsel by determining whether the sentence will include incarceration;Finally;addition to generating facts