Grand jury

Definition

A grand jury is a group of citizens convened to review evidence and determine whether there is sufficient cause to believe that a crime has been committed, thus allowing for formal charges to be brought against a suspect. This process acts as a safeguard against unfounded criminal charges and provides a preliminary assessment of the evidence presented by the prosecution. Grand juries operate in secrecy and do not determine guilt or innocence, but rather focus on whether there is probable cause to proceed with a trial.

5 Must Know Facts For Your Next Test

1. Grand juries consist of 16 to 23 jurors who are selected from the community and serve for a specific period, often several months.
2. The grand jury process is typically used in felony cases, allowing prosecutors to present evidence and witnesses without the defendant present.
3. Unlike trial juries, grand juries do not have a fixed schedule and can meet at the discretion of the court, often resulting in multiple sessions.
4. Grand juries operate under strict confidentiality, meaning their proceedings and the identities of jurors are kept secret to protect the integrity of the process.
5. If a grand jury finds enough evidence, they issue an indictment; if not, they may issue a no bill, indicating insufficient evidence to proceed with charges.

Review Questions

• What role does a grand jury play in the criminal justice process and how does it differ from a preliminary hearing?
  • A grand jury serves as an investigative body that reviews evidence presented by prosecutors to determine if there is probable cause for charges against an individual. Unlike preliminary hearings, where a judge assesses evidence in front of the defendant and defense attorney, grand jury proceedings are secretive and do not include the defense. The primary purpose of the grand jury is to decide if an indictment should be issued based on the evidence provided.
• Discuss the significance of secrecy in grand jury proceedings and how it affects the rights of defendants.
  • The secrecy of grand jury proceedings is intended to protect the integrity of the investigation, encourage witness cooperation, and prevent public bias against defendants before trial. However, this confidentiality can also create challenges for defendants as they may not know what evidence is presented against them or have an opportunity to defend themselves at this stage. This raises important questions about fairness and transparency within the justice system.
• Evaluate how the use of grand juries reflects broader principles within the criminal justice system regarding checks on government power and protection of individual rights.
  • The use of grand juries illustrates essential principles like checks on government power by requiring prosecutors to justify their case before a group of citizens. This helps prevent arbitrary or unjust prosecutions, ensuring that individuals cannot be charged without sufficient evidence. Additionally, it serves to uphold individual rights by providing an additional layer of review before someone faces serious criminal charges, balancing state interests with protections for citizens accused of crimes.

Related terms

indictment: A formal charge or accusation of a serious crime, issued by a grand jury after reviewing evidence.

prosecutor: A legal representative of the state who brings criminal charges against an individual in a court of law.

preliminary hearing: A legal proceeding where a judge determines whether there is enough evidence to proceed with a criminal trial, often serving as an alternative to the grand jury process.