What standard do Grand Juries use to determine whether charges should be brought?

The standard that Grand Juries use to decide whether charges should be brought is "probable cause." This means that the jury must determine whether there is a reasonable basis for believing that a crime has been committed and that the person being charged is likely the one who committed it. This standard is lower than "beyond a reasonable doubt," which is the standard used during actual criminal trials to secure a conviction.

The Grand Jury's role is to assess the evidence presented by the prosecution to decide if there is sufficient evidence to proceed with criminal charges. The requirement for probable cause allows for a level of scrutiny that protects against unfounded charges while still enabling the legal process to move forward if the evidence indicates that a crime may have occurred. This helps to ensure that individuals are not unjustly brought to trial without sufficient evidence substantiating the allegations.

In contrast, standards such as "clear and convincing evidence" and "preponderance of evidence" are used in civil cases and certain types of hearings but are not applicable to the Grand Jury process. "Clear and convincing evidence" is a higher standard than "preponderance of evidence," which simply requires that one party's case be more convincing than the other's. Thus, "probable cause" is