Grand jury

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Grand jury at Arcadia Hotel fire (LOC)

Grand jury

A grand jury is a legal body empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought. Grand juries are a fundamental component of the criminal justice system in many jurisdictions, particularly in the United States.

Function

The primary function of a grand jury is to review evidence presented by the prosecutor and determine whether there is sufficient cause to believe that a crime has been committed. If the grand jury finds sufficient evidence, it issues an indictment, formally charging the individual with a crime. This process is known as "returning a true bill." If the grand jury does not find sufficient evidence, it returns a "no bill," and no charges are filed.

Composition

A grand jury typically consists of 16 to 23 members, depending on the jurisdiction. These members are selected from the general population, similar to a trial jury, but they serve for a longer term, often several months. Grand jurors are sworn to secrecy to protect the integrity of the proceedings and the privacy of individuals involved.

Proceedings

Grand jury proceedings are conducted in secret, and the rules of evidence are more relaxed than in a trial. The prosecutor presents evidence and may call witnesses to testify. The grand jury may also request additional evidence or witnesses. Unlike a trial, the defense does not have the right to present evidence or cross-examine witnesses during grand jury proceedings.

History

The concept of the grand jury dates back to the Magna Carta in 1215, which established the principle that no person could be prosecuted without the consent of their peers. The grand jury system was later adopted in the United States, where it became enshrined in the Fifth Amendment to the United States Constitution.

Criticisms

The grand jury system has faced criticism for various reasons. Some argue that it gives too much power to the prosecutor, who controls the presentation of evidence and the selection of witnesses. Others contend that the secrecy of the proceedings can lead to a lack of transparency and accountability.

Related Pages

• Indictment
• Prosecutor
• Trial jury
• Fifth Amendment to the United States Constitution
• Criminal justice system

See Also

• Petit jury
• Preliminary hearing
• Due process