Kara Sears
The grand jury system is a legal process that originated in England and spread throughout the colonies of the British Empire. Today, the United States and Liberia are the only two jurisdictions that use grand juries to screen criminal indictments. Grand juries play an important role in the criminal justice system, investigating potential criminal conduct and deciding whether to bring formal charges (indictments) in felony cases. They have broad investigative powers, including the ability to issue subpoenas and compel witnesses to testify without a lawyer present. While grand juries are intended to prevent prosecutorial misconduct and protect the potential defendant's reputation, critics argue that the process can be too easily manipulated by prosecutors, leading to concerns about the circumvention of law. This introduction will explore the role and powers of grand juries, the potential for abuse, and the legal safeguards in place to ensure fairness and justice.
| Characteristics | Values |
|---|---|
| Number of grand jurors | Typically between 16 and 23, but can range from 12 (in Missouri) to 23 (federal). |
| Jury selection | Drawn at random from lists of registered voters, actual voters, or a similar list. |
| Jury screening | Grand jurors are not screened for bias, only for felony status, language proficiency, or other eligibility factors. |
| Jury term | Grand juries can serve for no more than 18 months after their members have been sworn. |
| Jury secrecy | Grand jury proceedings are closed to the public, the media, the targets of the investigation, and their counsel. |
| Jury independence | The prosecutor explains the law and works with the jury to gather evidence and hear witness testimony, but the jury is not required to be read any instructions on the law. |
| Subpoena power | Grand juries can issue subpoenas and have broad powers to see and hear almost anything they would like. |
| Witness testimony | Witnesses can speak without fear of retaliation, and their identities are protected by grand jury secrecy. |
| Indictment | Grand juries decide whether to bring an indictment, which brings formal charges for felony cases. |
| Unanimous decision | A unanimous decision is not required; for example, in Missouri, 9 out of 12 grand jurors can return an indictment. |
| Evidence standard | The standard of proof for an indictment is lower than at trial, requiring probable cause rather than proof beyond a reasonable doubt. |
What You'll Learn
Grand jury subpoenas
A grand jury subpoena is a powerful tool used by grand juries to gather evidence and testimony during criminal investigations. It is a court order that requires individuals or entities to provide information relevant to a federal criminal case. The information can be in the form of documents, records, or personal testimony.
There are two main types of grand jury subpoenas:
- Subpoena ad testificandum (Witness Subpoena): This type of subpoena requires a person or entity, through its designated representative, to testify before a grand jury.
- Subpoena duces tecum (Subpoena for the Production of Documents): This subpoena mandates the production of documents or records pertinent to a case.
It is important to note that individuals served with a grand jury subpoena may not know if they are criminal suspects or simply providing information. Consulting an experienced criminal defense lawyer is advisable to understand one's rights and obligations.
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Grand jury proceedings
Grand juries have investigative powers such as being able to issue subpoenas and compel witnesses to testify without a lawyer present. Subpoenas are fundamental to a grand jury's investigation as they can be used to require witnesses to testify and produce documentary evidence. Subpoenas can also identify witnesses, potential targets, and the nature of an investigation.
The role of the grand jury is to prevent prosecutorial misconduct and verify that the presented information is sufficient evidence to pursue a prosecution. Grand juries decide whether to bring an indictment against a potential defendant. Indictments bring formal charges for felony cases. The standard of proof at this stage is lower than at trial, which requires proof beyond a reasonable doubt. A grand jury can issue an indictment for a crime, also known as a "true bill," only if it verifies that those presenting had probable cause to believe that a crime has been committed by a criminal suspect.
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Grand jury investigations
The primary role of a grand jury is to assess the evidence presented by the prosecutor and decide whether to bring an indictment, formally charging an individual with a felony. This process is generally closed to the public, the media, and the targets of the investigation, with only the jurors, prosecutors, and witnesses present. The prosecutor leads the process, instructing the grand jury on the law and working with them to gather evidence and hear witness testimony. Grand juries have the authority to issue subpoenas, requiring witnesses to testify and produce documentary evidence.
The secrecy surrounding grand jury proceedings is intended to protect the integrity of the investigation and prevent intimidation or interference. However, critics argue that this secrecy can also enable prosecutorial misconduct, such as withholding evidence favourable to the defendant. In some cases, grand juries may be used to bolster the prosecutor's power when they lack sufficient evidence to pursue a case. Nevertheless, grand juries play a vital role in preventing unfounded charges and protecting the rights of potential defendants.
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Grand jury's constitutional role
The Grand Jury Clause is included in the Fifth Amendment to the United States Constitution. The Fifth Amendment states:
> No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury...
The Grand Jury Clause ensures that serious federal charges cannot be brought without the approval of a grand jury, providing a preliminary check on prosecutorial power. The grand jury requirement is mandated for federal cases but does not apply to state courts.
A grand jury's constitutional role is to prevent prosecutorial misconduct and uphold justice. It achieves this by verifying that the presented information (accusation) is sufficient evidence to pursue a prosecution. To this end, a grand jury is given investigative powers such as being able to issue subpoenas and compel witnesses to testify without a lawyer present.
At the time of the founding of the United States, a grand jury indictment was required for almost all prosecutions, and juries rendered the final verdict of almost all criminal and civil cases. During this period, any citizen could bring a matter before a grand jury directly, and grand juries could conduct their own investigations.
The Supreme Court has established that the grand jury's primary purpose is to ascertain probable cause.
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Grand jury's power to indict
A grand jury is an important component of the criminal justice system in the United States, playing a critical role in the charging process. The Fifth Amendment of the US Constitution mandates the use of grand juries for all felony offences punishable by death or other serious crimes punishable by imprisonment for over a year.
A grand jury is typically composed of 16 to 23 randomly selected citizens. Their primary function is to examine the evidence presented by the prosecution and decide whether to bring an indictment, or formal charges, against a potential defendant. The grand jury does not determine guilt or punishment; instead, it assesses if there is sufficient evidence to charge the person with a crime. This process involves reviewing witness testimonies, documentary evidence, and an outline of the case presented by the prosecutor.
The grand jury's power to indict is significant. At least 12 jurors must concur for an indictment to be issued. This decision carries weight, as it serves as a strong indicator of the strength of the prosecutor's case. If a grand jury chooses not to indict, the prosecutor may still pursue the case, but it becomes more challenging. Conversely, a grand jury indictment can expedite the initiation of a trial.
The grand jury process is generally secretive, with specific persons allowed to attend the proceedings. Witnesses are compelled to testify without their attorneys present. Grand jury subpoenas, used to summon witnesses and gather evidence, are considered secret by most federal district courts. However, some districts make them available to the public, and case law has not consistently addressed this issue.
The grand jury's power to indict is a crucial aspect of the criminal justice system, providing a check on the prosecutor's power and ensuring that charges are brought only when supported by sufficient evidence.
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Frequently asked questions
A grand jury's role is to investigate potential criminal conduct and determine whether criminal charges should be brought. They are also used to prevent prosecutorial misconduct and to verify that the presented information is sufficient evidence to pursue a prosecution.
Grand juries are bound by rules of secrecy. They are given investigative powers such as being able to issue subpoenas and compel witnesses to testify without a lawyer present. However, they do not have the power to indict or issue arrest warrants, which lies with the judge. Therefore, while a grand jury has broad powers, it cannot circumvent the law.
Case law has not consistently stated whether grand jury subpoenas are protected and should be kept secret. Out of 40 Federal District Courts, 36 consider these documents to be secret, while 4 districts make them available to the public.
A preliminary hearing is open to the public and involves lawyers on both sides and a judge. The prosecution must show sufficient evidence to proceed to trial. A grand jury, on the other hand, is closed to the public and does not involve a judge. The grand jury decides whether to bring an indictment and formal charges.
Grand jury proceedings are often led by the prosecutor, who also instructs them on the law. The prosecutor drafts the charges and decides which witnesses to call. In some cases, the grand jury process has become so routine that it is easy to obtain an indictment. However, the prosecutor must not mislead the grand jury and should follow the rules of evidence.
