10th Unit 7 T/F Review

The prosecutor is responsible for determining whether there is sufficient evidence to bring criminal charges.

• True

• False

Answer explanation

True. The prosecutor evaluates the evidence to decide if it is adequate to file criminal charges, ensuring that there is a reasonable basis for prosecution.

The grand jury is responsible for determining guilt or innocence in a trial.

• True

• False

Answer explanation

The grand jury does not determine guilt or innocence; it decides whether there is enough evidence to indict someone. The determination of guilt or innocence occurs during the trial.

In a grand jury proceeding, the defense attorney presents evidence on behalf of the accused.

• True

• False

Answer explanation

In a grand jury proceeding, the prosecution presents evidence to establish probable cause, while the defense does not present evidence. Therefore, the statement is false.

Probable cause is the legal principle requiring prosecutors to have sufficient evidence before filing charges.

• True

• False

Answer explanation

True. Probable cause is indeed the legal principle that requires prosecutors to have sufficient evidence before filing charges, ensuring that charges are not made without a reasonable basis.

If a grand jury finds enough evidence, they issue a subpoena.

• True

• False

Answer explanation

A grand jury does not issue a subpoena; rather, they issue an indictment if they find enough evidence. A subpoena is typically issued by a court or an attorney to compel testimony or the production of evidence.

Grand jury proceedings are open to the public to ensure transparency.

• True

• False

Answer explanation

Grand jury proceedings are typically closed to the public to protect the privacy of witnesses and the integrity of the investigation, making the statement false.

A grand jury's primary role is to determine if there is enough evidence for an indictment.

• True

• False

Answer explanation

True. A grand jury's main function is to assess whether there is sufficient evidence to warrant an indictment, which is a formal charge or accusation of a serious crime.

The burden of proof in a grand jury hearing is beyond a reasonable doubt.

• True

• False

Answer explanation

The burden of proof in a grand jury hearing is not beyond a reasonable doubt; it is a lower standard known as probable cause. Therefore, the statement is False.

The prosecutor is the only party that presents evidence in a grand jury proceeding.

• True

• False

Answer explanation

In a grand jury proceeding, only the prosecutor presents evidence. The defense does not participate, making the statement true.

The defense has the right to cross-examine witnesses in a grand jury hearing without having to get permission from the prosecutor.

• True

• False

Answer explanation

The statement is false because in a grand jury hearing, the defense does not have the right to cross-examine witnesses. The process is controlled by the prosecutor, and the defense's participation is limited.