In a preliminary examination, who determines probable cause to bind over for trial?

• A. The defense attorney determines.
• B. The prosecutor alone determines.
• C. A judge determines probable cause to bind over for trial.
• D. The grand jury determines.

Answer: (C)

In a preliminary examination, the judge acts as the gatekeeper, deciding whether there is probable cause to bind the case over for trial. The prosecution presents its evidence and the defense may cross-examine witnesses, but the judge weighs the information to determine if it’s enough to proceed to trial. This determination is about probable cause, not guilt beyond a reasonable doubt, and it serves to filter out cases lacking sufficient evidence.

The other options don’t fit this setting: the defense doesn’t determine probable cause, and neither does the prosecutor alone. A grand jury is a separate mechanism used in some jurisdictions to decide whether to indict, rather than a judge deciding probable cause at a preliminary examination.