Which statement best describes indictment versus preliminary hearing?

Which statement best describes indictment versus preliminary hearing?

• A. An indictment is a formal charge issued by a grand jury; a preliminary hearing is a court proceeding to determine probable cause
• B. A preliminary hearing ends with a verdict; an indictment determines guilt
• C. Indictments are held publicly as trials; preliminary hearings are confidential
• D. An indictment is decided by a judge; a preliminary hearing by a jury

Answer: (A)

The key distinction is about how charges are brought and what happens before trial. An indictment is a formal charge issued by a grand jury after it reviews evidence presented by the prosecutor. It serves as the official accusation that a crime has been committed by the defendant and moves the case toward trial. It is not a verdict and does not decide guilt. A preliminary hearing, on the other hand, is a pretrial court proceeding (usually before a judge) to determine whether there is probable cause to believe the defendant committed the offense. The judge decides if there is enough evidence to bind the case over for trial; no determination of guilt is made at this stage. So, the best description is that an indictment is a formal charge issued by a grand jury, while a preliminary hearing is a court proceeding to determine probable cause.

The key distinction is about how charges are brought and what happens before trial. An indictment is a formal charge issued by a grand jury after it reviews evidence presented by the prosecutor. It serves as the official accusation that a crime has been committed by the defendant and moves the case toward trial. It is not a verdict and does not decide guilt.

A preliminary hearing, on the other hand, is a pretrial court proceeding (usually before a judge) to determine whether there is probable cause to believe the defendant committed the offense. The judge decides if there is enough evidence to bind the case over for trial; no determination of guilt is made at this stage.

So, the best description is that an indictment is a formal charge issued by a grand jury, while a preliminary hearing is a court proceeding to determine probable cause.