In a preliminary exam, the burden of proof is what standard?

• A. Probable Cause
• B. Beyond a reasonable doubt
• C. Preponderance of the evidence
• D. Clear and convincing evidence

Answer: (A)

Probable cause is the threshold used at a preliminary hearing to decide whether there is enough evidence to require the accused to stand trial. It’s intentionally lower than the guilt standard used at trial, because the judge is determining whether the case should proceed, not whether the defendant is guilty. If probable cause exists, the case moves forward toward trial; if not, charges can be dismissed or reduced. The other standards—beyond a reasonable doubt (trial standard for conviction), preponderance of the evidence (civil standard), and clear and convincing evidence (an intermediate civil/criminal standard in some contexts)—are not appropriate at this stage because they require much more certainty than is needed to decide whether to proceed to trial.