Keith Mack
The grand jury system, which originated in England and spread throughout the colonies of the British Empire, is still used in the United States and Liberia to screen criminal indictments. A grand jury, typically consisting of 16 to 23 members, assesses evidence presented by a prosecutor to determine whether there is probable cause to believe an individual committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued. Grand juries also play a role in preventing prosecutorial misconduct and investigating civil issues.
| Characteristics | Values |
|---|---|
| Origin | England |
| Current use | Only used in the US and Liberia |
| Purpose | To screen criminal indictments |
| Number of members | 16-23 |
| Decision | "True bill" or "no true bill" |
| Powers | Able to issue subpoenas and compel witnesses to testify without a lawyer present |
| Types | Regular, special, civil, investigating, special purpose, one-man |
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What You'll Learn
Grand jury origins
Grand juries originated in England and spread throughout the colonies of the British Empire as part of the English common law system. The grand jury system is based on the "Panel of the People" concept, which traces back to the Magna Carta in 1215.
In the early decades of the United States, grand juries played a significant role in public matters. They were particularly influential in the American colonies of New England and Virginia, where they not only ruled on the facts of a case but also handed down rulings on the law itself. During the late 18th century, colonial civil, criminal, and grand juries checked the power of the executive, legislature, and judiciary.
The American grand jury was also integral to the American Revolution, challenging the Crown and Parliament by indicting British soldiers, refusing to indict critics of the Crown, proposing boycotts, and calling for support for the war after the Declaration of Independence.
Today, the United States and Liberia are the only two jurisdictions that continue to use grand juries to screen criminal indictments. Grand juries typically consist of 16 to 23 members, and their primary role is to decide whether there is probable cause to believe that an individual committed a crime and should be put on trial.
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Grand jury in the US
Grand juries originated in England and spread throughout the colonies of the British Empire as part of the English common law system. Today, the United States is one of only two jurisdictions, the other being Liberia, that continues to use the grand jury to screen criminal indictments. Japan also uses a similar system to civil grand juries in some U.S. states to investigate corruption and other systemic issues.
A grand jury's constitutional role is to prevent prosecutorial misconduct by verifying that the presented information is sufficient evidence to pursue a prosecution. Grand juries are given investigative powers such as being able to issue subpoenas and compel witnesses to testify without a lawyer present. A grand jury is instructed to return an indictment if the probable cause standard has been met. The grand jury's decision is either a "'true bill" (formerly billa vera, resulting in an indictment), or "no true bill".
In practice, a grand jury is sometimes used to extend rather than restrict prosecutorial power, when prosecutors may not have enough evidence to pursue a prosecution and want to see whether a grand jury can secure sufficient evidence. United States law also provides for the formation of special grand juries, which are called into existence to investigate whether organized crime is occurring in a community.
Grand juries generally consist of 16 to 23 members, and 12 members must concur in an indictment. Grand jurors generally serve up to 18 months, but can serve for up to 24 months if an extension is granted by a judge. Grand jurors consider multiple cases over the course of their term of service.
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Civil grand juries
Grand juries originated in England and spread throughout the colonies of the British Empire as part of the English common law system. Today, the United States and Liberia are the only two jurisdictions that continue to use grand juries to screen criminal indictments. Japan also uses a system similar to civil grand juries to investigate corruption and other systemic issues.
Unlike petit juries, grand juries do not render a verdict. Instead, they focus on preliminary criminal matters and assess the evidence presented by a prosecutor to determine whether there is probable cause to believe an individual committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued against the individual.
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Grand jury proceedings
A grand jury typically consists of 16 to 23 members, and their primary role is to assess evidence presented by a prosecutor and determine whether there is “probable cause” to believe that an individual has committed a crime and should be put on trial. This process is governed by Rule 6 of the Federal Rules of Criminal Procedure, which requires at least 12 members to concur in an indictment. The grand jury's decision can be either a “true bill” (resulting in an indictment) or "no true bill".
During grand jury proceedings, witnesses who are known "targets" of the investigation must be advised that their conduct is being investigated for possible violations of federal criminal law. These witnesses have the right to retain counsel and may request to tell their side of the story to the grand jury, although the prosecutor is not legally obligated to permit this. Grand jury proceedings are private, and grand jurors generally serve for up to 18 months, with the possibility of an extension of up to 24 months granted by a judge.
In addition to their criminal functions, grand juries may also perform civil investigations and issue reports, known as presentments. Special grand juries may be formed to investigate specific topics, such as organized crime or corruption, and they may be empaneled for longer periods. Grand juries have played a significant role in public matters throughout history, including during the American Revolution, when they challenged the Crown and Parliament.
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Grand jury vs petit jury
A jury is a group of citizens selected to hear the facts of a case and make a decision regarding criminal justice. There are two types of juries: petit juries and grand juries. A petit jury is the type of jury that most people are familiar with, as it is the jury that a criminal defendant is guaranteed at trial by the Sixth Amendment of the U.S. Constitution.
A grand jury determines whether there is probable cause that a suspect committed a felony crime, and decides whether to issue an indictment or a formal charge. They work closely with prosecutors, who explain the relevant laws to the jury members. Members of a grand jury can examine any evidence they wish to and interrogate anyone they believe will assist in the case. They do not need to reach a unanimous decision, and usually, 12 unanimous votes are enough to determine probable cause. Grand jury proceedings are not open to the public.
In contrast, a petit jury decides whether there is enough evidence to convict a suspect of the crime with which they are charged. Members of a petit jury can only consider reliable evidence presented by the prosecution and defense sides. Defendants have the right to appear before a petit jury, and the proceedings are generally public, although deliberations are private. In a petit jury, the decision to acquit or convict must be unanimous among all jurors. In Florida, a grand jury consists of 15 to 21 people, while a petit jury consists of 6 to 12 members.
The Department of Justice in the United States continues its longstanding policy to advise witnesses who are known "targets" of an investigation that their conduct is being investigated for possible violation of Federal criminal law. This supplemental advice is also given when a witness is a "target."
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Frequently asked questions
A grand jury is a group of 16 to 23 people who serve for a fixed term, usually up to 18 months, to assess evidence presented by a prosecutor and determine whether there is "probable cause" to believe an individual committed a crime and should be put on trial.
Petit juries, also known as trial juries, decide both criminal and civil cases. They typically consist of 6 to 12 people.
Grand juries originated in England and spread throughout the colonies of the British Empire as part of the English common law system.
