Who provides probable cause for an indictment?

The correct answer is that a Grand Jury provides probable cause for an indictment. In the grand jury process, members are tasked with reviewing evidence presented by a prosecutor (often a U.S. Attorney) to determine whether there is sufficient probable cause to formally charge someone with a crime. This is a critical step in the legal system, as it acts as a check on prosecutorial power, ensuring that individuals are not indicted without a reasonable basis for the charges.

The involvement of a Grand Jury in this process highlights the importance of community oversight in the judicial system, where ordinary citizens evaluate the evidence and decide whether it is adequate to proceed with criminal charges. The grand jury hears witness testimonies and examines evidence but does not determine guilt or innocence; rather, it solely assesses whether there is enough evidence to justify an indictment. This process is intended to protect individuals from unfounded accusations and ensure that only cases with legitimate grounds move forward in the legal system.