Question

Question 5(Multiple Choice Worth 5 points) During which phase of a trial is evidence given in the attempt to convince the judge that there is enough evidence to go to trial? arraignment preliminary hearing deposition discovery

Answer 1

Answer:

Preliminary hearing.

Explanation:

A preliminary hearing in criminal litigation is commonly referred to as a prelim and is the legal process of a "trial before the trial" of an accused or the defendant.

This simply means that, at the preliminary hearing, the judge using the "probable cause" legal standard, decides whether there is enough evidence to warrant the defendant to stand trial but not to determine whether he or she is guilty or innocent of the crime. Thus, no jury is present or required at this phase of trial because the defendant isn't entitled to any at the preliminary hearing.

Additionally, during the preliminary hearing phase of a trial, evidence is given in the attempt to convince the judge that there is enough evidence to go to trial. A prosecutor on behalf of the government may call witnesses to testify against the defendant and even present physical evidence to the judge, so that the case may go to trial while the defense counsel will work towards having the case dismissed by cross examining the government witnesses and disputing any evidence presented.