In which situations must the "probable cause" standard be satisfied?

The "probable cause" standard is a critical threshold used in the criminal justice process, primarily to ensure protection against arbitrary deprivation of liberty. This standard must be satisfied during preliminary hearings, where the court determines whether there is sufficient evidence for charges to proceed to trial. In these hearings, a judge evaluates the evidence presented to ascertain if there is enough basis to believe that a crime has been committed and that the accused may have committed it.

Probable cause serves as a safeguard for individuals, ensuring that they are not subjected to prosecution without a reasonable basis supported by evidence. The requirement for this standard is particularly important in preliminary hearings because it is one of the first judicial assessments of the evidence against the defendant, setting the stage for the criminal proceedings that follow.

In contrast, civil trials typically operate under the "preponderance of evidence" standard, which does not require the same level of certainty. Grand jury proceedings involve an investigative process rather than a judicial determination of guilt and typically utilize the "probable cause" standard more flexibly to determine whether charges should be brought. Court appeals primarily assess legal errors that might have occurred during prior proceedings rather than establishing probable cause anew.