Which statement best describes the difference between a grand jury indictment and a preliminary examination?

• A. Grand jury indictment is a secret proceeding to determine probable cause; preliminary examination is a public court hearing to determine probable cause.
• B. Grand jury indictment is a public trial to determine guilt beyond a reasonable doubt; preliminary examination is a hearing to decide whether to bind over for trial.
• C. Grand jury indictment is a procedure in which the judge rules on probable cause; preliminary examination is conducted by the jury.
• D. Grand jury indictment is only for capital offenses; preliminary examination applies to all offenses.

Answer: (A)

The key idea is how charging a case moves forward: secrecy and citizen participation in a grand jury versus a public, judge-led screening in a preliminary examination.

In a grand jury, a group of citizens reviews evidence presented by the prosecutor in secret. They decide whether there is probable cause to believe a crime was committed, and if so, an indictment is returned. There’s no judge deciding this, and the defendant typically isn’t present or represented during the proceedings.

A preliminary examination, by contrast, is held in open court before a judge. The government must show probable cause that the defendant committed the offense, and the defense can cross-examine witnesses and present evidence. If probable cause is found, the case is bound over for trial; if not, charges can be dismissed.

That’s why the best description is: a grand jury indictment is a secret proceeding to determine probable cause; preliminary examination is a public court hearing to determine probable cause. The other statements misstate who conducts the proceeding, its public nature, or the outcome (guilt vs. probable cause).