What type of hearing is known as the "probable cause hearing" and who must request it?

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The type of hearing referred to as the "probable cause hearing" is a preliminary hearing, which allows a judge to determine whether there is enough evidence to proceed with criminal charges. This hearing is typically requested by the defense, as it serves the purpose of challenging the prosecution's case and ensuring that there is a legitimate basis for the charges being brought. During the preliminary hearing, the defense can present evidence and witnesses to argue that the evidence presented by the prosecution does not meet the threshold of probable cause. This process is fundamental in protecting the rights of the accused, as it prevents unwarranted prosecution when there is insufficient evidence.

In contrast, the other options reflect misunderstandings related to who initiates these hearings and their nature. The prosecution does not typically request a preliminary hearing; instead, they present their case at this hearing if it has been requested by the defense. A grand jury hearing is a separate legal process used to indict a defendant and is not initiated by the jury itself. Evidence hearings, which might be confused with preliminary hearings, are generally conducted at different stages and are not solely initiated by judges for the purpose of establishing probable cause. Thus, the request for a preliminary hearing lies with the defense, making it the correct answer.

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