Which group must demonstrate probable cause for an indictment?

The grand jury is the group that must demonstrate probable cause for an indictment. This legal body is specifically tasked with reviewing evidence presented by a prosecutor, typically a U.S. Attorney, to determine whether there is enough evidence to formally charge an individual with a crime.

The grand jury operates in secret and does not determine guilt or innocence but rather decides if the evidence is sufficient to move forward with formal charges. This process serves as a safeguard against unfounded criminal accusations, ensuring that only cases with probable cause proceed to trial. The requirement for probable cause is a fundamental principle in the criminal justice system to protect individuals from unwarranted prosecution.

Understanding the role of the grand jury is crucial in comprehending how the indictment process works and why it is a necessary step before formal charges can be made against an individual in criminal proceedings.