What is a Grand Jury?
Understanding the Role of a Grand Jury in the US Legal System
Definition
A grand jury is a group of citizens selected to investigate potential criminal conduct and determine whether criminal charges should be brought against a suspect. Unlike a trial jury, a grand jury does not decide guilt or innocence, but rather whether there is probable cause to believe that a crime has been committed and that the suspect is responsible.
Structure and Selection
Grand juries are typically composed of 12 to 23 people, who are randomly selected from a pool of potential jurors. The selection process is overseen by a judge or other court official.
Procedure
Grand jury proceedings are secret, and the jurors are sworn to maintain confidentiality. They hear evidence presented by the prosecution, including witness testimony, physical evidence, and expert opinions. The suspect or their attorney is not present during the proceedings, but they may file motions to quash the indictment or challenge the evidence.
Indictment
If the grand jury finds probable cause that a crime has been committed, they will issue an indictment, which is a formal accusation that charges the suspect with a specific crime. An indictment is not a finding of guilt, but it allows the case to proceed to trial.
Role in Criminal Justice System
Grand juries play a critical role in the criminal justice system by ensuring that only those cases with a reasonable likelihood of conviction are brought to trial. They also serve as a check on the power of prosecutors, who have the authority to file charges without the need for a grand jury's approval.
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