Grand jury

Definition

A grand jury is a group of citizens convened to examine evidence and determine whether there is sufficient cause to charge someone with a crime. This process is crucial in the pretrial phase, as it serves to protect individuals from unfounded accusations by requiring a higher standard of evidence before formal charges are made.

5 Must Know Facts For Your Next Test

1. Grand juries are typically composed of 16 to 23 jurors who review evidence presented by the prosecutor but do not hear from the defense.
2. The proceedings of a grand jury are secretive, protecting the privacy of those involved and encouraging witnesses to speak freely.
3. A grand jury can either issue an indictment, allowing the case to proceed to trial, or decline to charge, leading to a dismissal of the case.
4. The use of grand juries varies by jurisdiction; some states require them for felony charges, while others do not.
5. In federal cases, the Fifth Amendment mandates the use of grand juries for serious criminal charges, reinforcing their importance in the American legal system.

Review Questions

• How does the role of a grand jury differ from that of a trial jury in the criminal justice system?
  • A grand jury's role is to determine whether there is enough evidence to bring formal charges against an individual, while a trial jury is responsible for determining the guilt or innocence of a defendant once charges have been filed. Grand juries operate in secrecy and do not require the presence of defense counsel, focusing solely on evidence presented by the prosecution. In contrast, trial juries consider evidence from both sides in open court and must reach a unanimous verdict to convict or acquit.
• Discuss the implications of secret proceedings in grand jury investigations on the rights of defendants and public transparency.
  • The secret nature of grand jury proceedings can create tension between protecting defendants' rights and ensuring public transparency. While confidentiality encourages witnesses to provide candid testimony without fear of repercussions, it can also lead to concerns about accountability. Defendants may feel disadvantaged since they cannot challenge evidence or defend themselves at this stage. Balancing these interests is crucial for maintaining trust in the justice system while safeguarding individual rights.
• Evaluate how changes to the use of grand juries might affect prosecutorial discretion and outcomes in criminal cases.
  • Modifying how grand juries function or their necessity could significantly impact prosecutorial discretion and case outcomes. If jurisdictions were to eliminate grand juries for certain crimes, prosecutors might have greater leeway to pursue charges based on less stringent evidence thresholds. This change could lead to an increase in prosecutions but might also raise concerns about wrongful accusations. Conversely, strengthening grand jury requirements could protect individuals from frivolous charges but may slow down the charging process and hinder timely justice for victims.

Related terms

indictment: An indictment is a formal accusation that a person has committed a crime, typically issued by a grand jury following their review of evidence.

prosecutor: A prosecutor is a legal representative who brings charges against an individual in a criminal case and presents evidence before the grand jury.

arraignment: An arraignment is a court proceeding in which the defendant is formally charged and enters a plea, occurring after the grand jury issues an indictment.