What is allowed during a preliminary hearing?

What is allowed during a preliminary hearing?

• A. Hearsay only
• B. Opening statements only
• C. Testimony and cross-examination
• D. Full jury trial

Answer: (C)

Preliminary hearings are for deciding whether there is probable cause to proceed to trial, not to resolve the case on its merits. Because the judge is assessing evidence to determine probable cause, the proceedings center on live witness testimony and the ability to challenge that testimony through cross-examination. The defense can question witnesses, and the prosecution presents its case with witnesses who can be cross-examined. Opening statements are not typically part of these hearings, and no full jury trial occurs at this stage. This is why testimony and cross-examination is the best description of what is allowed.

Preliminary hearings are for deciding whether there is probable cause to proceed to trial, not to resolve the case on its merits. Because the judge is assessing evidence to determine probable cause, the proceedings center on live witness testimony and the ability to challenge that testimony through cross-examination. The defense can question witnesses, and the prosecution presents its case with witnesses who can be cross-examined. Opening statements are not typically part of these hearings, and no full jury trial occurs at this stage. This is why testimony and cross-examination is the best description of what is allowed.