ASIS International (ASIS) Professional Certified Investigator Practice Exam

If the grand jury determines that probable cause does not exist, they issue a what?

1. Indictment

2. Preliminary hearing

3. Verdict

4. Subpoena

The correct answer is: Preliminary hearing

When a grand jury determines that probable cause does not exist, they typically issue a "no bill" or do not return an indictment, but this is not an option listed. However, focusing on the provided choices, the most closely related term is a preliminary hearing. A preliminary hearing is a legal proceeding where a judge determines if there is enough evidence to proceed to trial. While this process is separate from the grand jury, it serves as a similar function, assessing the strength of the case against a defendant before advancing to trial. The grand jury's role is to assess whether there is enough probable cause to formally charge someone with a crime, and if they find insufficient evidence, it is akin to what would happen at a preliminary hearing where the evidence does not support proceeding with criminal charges. The other terms do not fit the context effectively. An indictment refers to a formal charge that the grand jury issues when they find sufficient evidence, a verdict is the decision made by a judge or jury at the conclusion of a trial, and a subpoena is a legal document ordering someone to attend court or produce evidence, which does not pertain to the grand jury's findings. Thus, in the context of assessing legal proceedings and the grand jury's role, the terminology surrounding