Grand jury

Grand jury at Arcadia Hotel fire (LOC)

Federal grand jury handbook

File:Handbook for Hennepin County Grand Jurors.pdf

Handbook for Hennepin County Grand Jurors

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. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning.

History

The grand jury system originated in England during the reign of Henry II in the 12th century. It was a mechanism to remove cases from the influence of the king and his judges, providing a more impartial assessment of allegations of crime. The system was brought to the American colonies and has evolved over time. Today, it is a fundamental part of the United States legal system, though its use has declined in many other jurisdictions.

Function

The primary function of a grand jury is to review evidence presented by a prosecutor and determine whether there is sufficient evidence to issue an indictment, thereby formally charging someone with a crime. Grand juries operate behind closed doors, and the proceedings are not open to the public. This secrecy is intended to protect the reputation of potential defendants who might not be indicted and to encourage witnesses to speak freely.

Grand juries have the power to subpoena witnesses and require them to testify or produce documents relevant to the investigation. Witnesses can be compelled to appear before a grand jury, and refusing to testify can result in contempt of court charges.

Composition

A grand jury is typically composed of 16 to 23 members, depending on the jurisdiction. Jurors are selected from the general population, similar to how jurors are chosen for trial juries. The selection process aims to create a panel that represents a cross-section of the community.

Criticism

The grand jury system has faced criticism for being a rubber stamp for the prosecution, as the proceedings are led by a prosecutor without a judge or defense attorney present. Critics argue that this lack of oversight can lead to abuses of power. Additionally, the secretive nature of the grand jury process has raised concerns about transparency and accountability.

Jurisdiction

Grand juries are used throughout the United States, both at the federal and state levels. However, their use varies significantly from state to state. Some states use grand juries extensively, while others use them sparingly or not at all, opting instead for preliminary hearings in open court where a judge decides if the case should proceed to trial.

Conclusion

The grand jury system plays a crucial role in the American legal process, providing a preliminary check on the power to prosecute. While it has been subject to criticism, it remains an integral part of the judicial system, balancing the need for confidentiality and impartiality in the early stages of criminal proceedings.