Who determines probable cause to indict in a grand jury proceeding?

• A. The judge.
• B. The defense counsel.
• C. The prosecutor alone.
• D. The grand jury.

Answer: (D)

In a grand jury proceeding, the group itself determines probable cause to indict. The prosecutor presents evidence to the grand jury and asks for an indictment if, based on that evidence, a reasonable person could believe the suspect committed the crime. The judge doesn’t decide indictability here; they oversee the proceedings and handle legal questions. The defense counsel isn’t the one who determines probable cause either. If the grand jury finds probable cause, they return an indictment; if they don’t, no charges proceed to trial.