Court Reporter Practice Exam

What is the primary purpose of a preliminary hearing in the judicial process?

1. To finalize the sentencing of a accused

2. To determine if sufficient evidence exists to hold a person accused of a crime

3. To present the defense's argument against the prosecution

4. To determine the civil liability of a party

The correct answer is: To determine if sufficient evidence exists to hold a person accused of a crime

The primary purpose of a preliminary hearing is to determine whether there is sufficient evidence to hold a person accused of a crime for trial. During this hearing, the judge evaluates the evidence presented by the prosecution to ascertain if it establishes probable cause that a crime was committed and that the accused was involved. This critical step helps ensure that individuals are not subjected to a trial without adequate justification based on evidence, safeguarding against wrongful prosecution. The other options describe different aspects of the judicial process. Finalizing the sentencing pertains to a later stage, after conviction. Presenting the defense’s argument typically occurs during the trial rather than at the preliminary hearing. Civil liability determination relates to civil cases rather than the preliminary hearing, which is specific to criminal proceedings. Thus, the focus on assessing whether sufficient evidence exists is what defines the primary role of a preliminary hearing in the criminal justice system.