asked 23.3k views
1 vote
Which of the following generally does not occur during a preliminary hearing?

A) The judge determines whether there is probable cause to believe the defendant committed the crime
B) The defense counsel is given the opportunity to test the strength of the prosecution's case
C) The defendant is asked to enter a plea
D) The judge determines whether there is probable cause to believe a crime was committed

asked
User Sem
by
7.9k points

2 Answers

5 votes

Final answer:

A preliminary hearing is where a judge determines probable cause to believe the defendant committed the crime, and the defense counsel tests the strength of the prosecution's case. The defendant is not asked to enter a plea during a preliminary hearing.

Step-by-step explanation:

A preliminary hearing is an initial step in a criminal case where a judge determines whether there is probable cause to believe the defendant committed the crime. During a preliminary hearing, the defense counsel is given the opportunity to test the strength of the prosecution's case by cross-examining witnesses and presenting evidence. However, the defendant is generally not asked to enter a plea during a preliminary hearing. The judge's role is to determine whether there is probable cause to believe the defendant committed the crime, not whether a crime was in fact committed. Therefore, the correct option is D) The judge determines whether there is probable cause to believe a crime was committed.

answered
User Mike Grabowski
by
8.0k points
6 votes

Final answer:

During a preliminary hearing, a plea is generally not entered by the defendant. This stage is meant to assess probable cause and allow the defense to test the prosecution's case.

Step-by-step explanation:

The question asks which of the following generally does not occur during a preliminary hearing. A preliminary hearing has several purposes, but it is not typically the stage at which the defendant is asked to enter a plea. Instead, the preliminary hearing is used to determine whether there is probable cause to believe the defendant committed the crime, and whether a crime was actually committed. The defense also has the opportunity to test the strength of the prosecution's case during this hearing.

answered
User Lady Aleena
by
7.6k points
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