Which body hears evidence to determine probable cause?

Which body hears evidence to determine probable cause?

• A. Trial Court
• B. Prosecutor
• C. Grand Jury
• D. Defense Attorney

Answer: (C)

A grand jury decides whether there is probable cause to charge someone with a crime by hearing evidence presented by the prosecutor. In federal cases and many states, this body of citizens reviews the evidence in secret and decides if there is enough basis to issue an indictment. Probable cause is the threshold used here, not proof beyond a reasonable doubt, since the purpose is to determine whether charges should be brought, not to determine guilt. If there is enough evidence, the grand jury issues an indictment, moving the case toward trial; if not, charges may be dropped. The defense typically isn’t part of this process, and the other bodies have different roles: a trial court may conduct preliminary hearings to assess probable cause in jurisdictions that use them, the prosecutor presents the government’s case, and the defense protects the accused’s rights.

A grand jury decides whether there is probable cause to charge someone with a crime by hearing evidence presented by the prosecutor. In federal cases and many states, this body of citizens reviews the evidence in secret and decides if there is enough basis to issue an indictment. Probable cause is the threshold used here, not proof beyond a reasonable doubt, since the purpose is to determine whether charges should be brought, not to determine guilt. If there is enough evidence, the grand jury issues an indictment, moving the case toward trial; if not, charges may be dropped. The defense typically isn’t part of this process, and the other bodies have different roles: a trial court may conduct preliminary hearings to assess probable cause in jurisdictions that use them, the prosecutor presents the government’s case, and the defense protects the accused’s rights.