A grand jury decides whether there is sufficient evidence – known as «probable cause» – to formally charge a person with a serious crime, typically a felony. The grand jurors focus on preliminary accusations, and the body does not determine guilt or innocence. Instead, the grand jury evaluates the prosecutor’s evidence to determine if a case should proceed to trial.
A grand jury is a group of impartial citizens that are chosen randomly, much like trial jurors, to examine the evidence presented by the prosecutor to determine whether there is probable cause to charge a suspect with a crime and issue an indictment. They are called on by federal or state courts and therefore empowered by law to assess the validity of an accusation prior to trial.
The overall function of a grand jury is to determine whether there is probable cause to charge a suspect with a crime and indict that subject and ultimately send them to trial. In addition to its charging capacity, a grand jury is also an investigative body. If it would benefit the case or bring legitimacy to the collected evidence, the prosecutor asks a grand jury to issue subpoenas and force people to testify under oath.
The grand jury consists of 12–18 impartial citizens who are not familiar with the suspect or the case circumstances. Exact size varies in different states.
However, formalized rules control federal cases. Per Rule 6 of the Federal Rules of Criminal Procedure, a federal grand jury must consist of no less than 16 members and no more than 23 members. Additionally, they sit for a period of 18 months up to 24 months, if required. In most cases, they meet once a week. However, these frequencies might vary depending on the case.
The prosecutor is in charge of collecting and presenting evidence to a grand jury. In collaboration with law enforcement officials and legal assistants, the prosecutor collects documents and any other materials relevant to the case. All this work takes place before the case is submitted to the grand jury.
The prosecutor presents a proposed indictment to the grand jurors and operates as their legal advisor. During the proceedings, the jurors can ask questions about the case, law, or suspect, and the prosecutor expands on the case or informs jurors about the law surrounding the case.
When it comes to presenting the evidence, the prosecutor outlines the case in detail to the jurors. In relaying this information, they will always cover three important aspects of the case, which are:
First, the prosecutor submits evidence for potential criminal charges, such as documents, images, video, or audio. In addition to the evidence, prosecutors give a summary of the case to each of the grand jury members.
If the case requires it, witnesses may be asked to take the stand to provide testimony. The prosecutor is in charge of calling the witnesses. During all proceedings, neither the judge nor defense counsel is in the room, but it is possible for the suspect to testify should they want to or be requested to by the jury.
It is important to note that per the Fifth Amendment, they can decline to testify and cannot be forced to incriminate themselves. Should they choose to testify, they subsequently waive that right.
After hearing testimony from the prosecutor and potential witness statements, the grand jury consolidates and discusses privately to determine whether there is sufficient evidence to issue an indictment. In federal cases, at least 12 jurors must vote in favor of an indictment. For state cases, the requirements for voting majorities vary.
All grand jury proceedings are confidential and unavailable to the public. That being said, every proceeding, including witness testimony, prosecutor statements, and questions by jurors, are electronically recorded and may be referred to in a later criminal case.
An indictment is a formal document which is prepared by the prosecutor to charge the suspect with a felony. It is also known as a «true bill». If the jury does not find that there is probable cause to charge the subject, then the decision is known as «no bill».
While this finding concludes the current proceeding, it does not legally prevent the prosecutor from presenting the case to a different grand jury in the future, especially if new evidence is discovered.
No, grand juries are not always used in all criminal cases. In many states, prosecutors decide whether they want to use a grand jury for the criminal case or not. That being said, the federal government requires grand juries for federal felonies, while many U.S. states have an alternative process. For example, in states like California, a prosecutor can choose between securing a grand jury indictment or holding a preliminary hearing.
A preliminary hearing is held before a judge, while a grand jury consists only of the jurors, prosecutor, and potential witnesses. Preliminary hearings decide whether there is probable cause to believe that a crime has been committed, while a grand jury evaluates the evidence.
A grand jury is a citizen-led legal body that determines whether there is sufficient evidence to charge a suspect with a felony. A prosecutor is in charge of collecting and presenting all relevant evidence and making the case for indictment to the grand jurors. This makes the actual presentation of evidence a crucial part of convincing the jury that the subject in question did commit the alleged crime. In summary, the grand jury practice has two functions; an investigative authority and a charging authority. It protects individuals from unsubstantiated charges and it proves to be a vital step in any federal felony case and in many state-level prosecutions in the United States.
A grand jury does not have to be unanimous, but there has to be a majority vote to issue an indictment. In federal cases, a majority is defined as at least 12 jurors who vote in favor of an indictment, while in state-level cases the majority varies depending on the number of grand jurors.
A grand jury indictment is a formal accusation and a final document that charges a suspect of a crime. The suspect is thereafter known as a defendant. The issuance of a grand jury indictment is required for all federal felonies.
In state-level cases, prosecutors choose to use a grand jury when they consider it likely that the court will issue an indictment, or when they consider the grand jury’s investigative capacity necessary to the legitimacy of the case. In federal cases, the use of a grand jury is always required.
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