Grand jury

Definition

A grand jury is a group of citizens convened to determine whether there is sufficient evidence to indict a suspect and proceed to trial. This process serves as a safeguard against unfounded criminal charges, allowing the grand jury to evaluate the evidence presented by the prosecution without the presence of the defendant or their attorney. The grand jury operates independently and has the authority to issue subpoenas, call witnesses, and review evidence.

5 Must Know Facts For Your Next Test

1. Grand juries usually consist of 16 to 23 members who are randomly selected from the community.
2. The proceedings of a grand jury are conducted in secret, which protects the privacy of those involved and encourages witnesses to speak freely.
3. A grand jury does not determine guilt or innocence; it only decides if there is probable cause to bring charges.
4. In federal cases, a grand jury's decision must be unanimous for an indictment, while state rules may vary.
5. If the grand jury decides not to indict, the prosecution may still pursue other legal avenues or investigate further.

Review Questions

• How does the role of a grand jury differ from that of a trial jury in the criminal justice system?
  • The role of a grand jury is primarily to determine whether there is enough evidence to justify bringing formal charges against a suspect, whereas a trial jury decides whether the accused is guilty or not guilty based on evidence presented during the trial. Grand juries operate in secrecy and do not include the defendant or their counsel, focusing solely on evaluating evidence submitted by the prosecution. In contrast, trial juries hear arguments from both sides and deliberate publicly to reach their verdict.
• Discuss the importance of secrecy in grand jury proceedings and its implications for justice.
  • Secrecy in grand jury proceedings serves multiple purposes, such as protecting the identities of witnesses and encouraging them to provide honest testimony without fear of repercussions. It also helps maintain the integrity of the investigation by preventing potential suspects from altering their behavior based on what they might learn about the proceedings. However, this secrecy can raise concerns regarding transparency and accountability within the criminal justice system, as it limits public oversight of how evidence is evaluated before charges are brought.
• Evaluate how the decision-making process of a grand jury reflects broader societal values regarding due process and civil liberties.
  • The decision-making process of a grand jury highlights societal values concerning due process and civil liberties by providing a check on prosecutorial power. By requiring that citizens review evidence before formal charges are made, it reinforces the principle that individuals should not face criminal accusations without just cause. However, this system can also be criticized for potential biases in how cases are presented and evaluated. Analyzing these dynamics reveals tensions between ensuring public safety and upholding individual rights within the legal framework.

Related terms

Indictment:

An indictment is a formal accusation that a person has committed a crime, typically issued by a grand jury after reviewing evidence.

Prosecutor:

A prosecutor is a legal representative of the government who presents the case against an individual accused of a crime in court.

Subpoena: A subpoena is a legal document that orders an individual to appear before a court or grand jury to testify or produce evidence.