What is a Grand Jury?

A grand jury is a legal body that investigates potential criminal conduct to determine if charges should be brought. Learn about its purpose, processes, and real-world implications in U.S. law.

Introduction

A grand jury is a legal body empowered to conduct official proceedings to investigate potential criminal conduct and determine whether criminal charges should be brought. Unlike a regular jury, which is involved in a trial, a grand jury’s primary role is to evaluate the evidence presented by prosecutors.

Purpose of a Grand Jury

The grand jury serves several key purposes in the judicial system:

  • To review evidence and decide if there is sufficient cause to charge someone with a crime.
  • To protect citizens from unfounded criminal accusations.
  • To provide a check on prosecutorial power.
  • To serve as an investigative body.

How a Grand Jury Works

In the United States, the grand jury typically consists of 16 to 23 citizens who are called to serve, usually for a term of several months. Their proceedings are held in secrecy, and the jurors do not decide guilt or innocence; instead, they assess whether there is probable cause to bring charges.

The Process

The grand jury process can be summarized in several steps:

  • Summoning Jurors: Citizens are selected randomly from voter registrations or other public records.
  • Presentation of Evidence: Prosecutors present evidence, which can include witness testimonies, documents, or other materials.
  • Deliberation: After reviewing the evidence, jurors deliberate in private.
  • Voting: If at least 12 jurors believe there is enough evidence, they will issue an indictment.

Real-World Examples of Grand Jury Cases

Grand juries have been involved in many high-profile cases in the United States, and their decisions can significantly influence public perception of justice. For instance:

  • The Michael Brown Case (2014): A grand jury decided not to indict Officer Darren Wilson in the shooting of Michael Brown in Ferguson, Missouri. This decision sparked widespread protests and discussions about race and policing in America.
  • The Eric Garner Case (2014): In New York City, a grand jury chose not to indict the police officer involved in Eric Garner’s death, which raised questions about the use of grand juries in cases involving police misconduct.

Statistics on Grand Juries

Research indicates that grand juries rarely fail to return an indictment when prosecutors present a case. Some statistics include:

  • A report by the Bureau of Justice Statistics indicated that over 95% of federal grand jury proceedings resulted in indictments in recent years.
  • Data from various states show that grand juries typically choose to indict in approximately 99% of cases when the prosecutor presents an indictment.

Criticism of Grand Juries

Despite their role in the legal system, grand juries have faced criticism:

  • Lack of Defense Representation: Defendants and their attorneys are not allowed to present evidence or arguments, leading to concerns about fairness.
  • Prosecutorial Influence: Critics argue that prosecutors can manipulate the grand jury process to achieve desired outcomes.
  • Secrecy: The closed nature of grand jury proceedings can sometimes shield misconduct from public scrutiny.

Conclusion

Grand juries play a crucial yet controversial role in the American judicial system. As investigatory bodies, they help determine whether there is sufficient evidence to bring criminal charges against individuals. However, the significant influence they exert and the criticisms leveled against their operations suggest that reform may be necessary to enhance transparency and fairness within the process.

Additional Resources

For those interested in learning more about grand juries, consider these resources:

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