Explaining What a Grand Jury Is and What It Does

A grand jury is a group of citizens selected to consider evidence presented by a prosecutor and decide whether or not to bring criminal charges against a person. This type of jury was first developed in England during the 12th century and is still an important legal tool used today.

How Does a Grand Jury Work?

The process of a grand jury is relatively simple. A group of people, usually between 12 and 23, is called to the courthouse where they hear evidence presented by a prosecutor. This group then determines whether or not the evidence presented is sufficient for criminal charges against a person or entity. If the grand jury decides to indict, the case will then go to trial.

When Are Grand Juries Used?

Grand juries are used in serious criminal cases, typically felonies. Examples of such cases where a grand jury may be called include drug trafficking, murder, fraud, tax evasion, and public corruption. Grand juries are also commonly used in federal grand jury proceedings, as the Federal Rules of Criminal Procedure require a grand jury in order to indict someone.

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What Are the Benefits of Grand Juries?

Grand juries serve a variety of purposes within the criminal justice system. One of the main advantages of a grand jury is that it allows the prosecution to weed out weak or problematic cases. This way, time and resources are not wasted bringing charges that ultimately will not be upheld in a criminal trial. Additionally, a grand jury is designed to provide a shield between law enforcement and citizens by providing a check on the power of the prosecutors. Finally, it also serves to protect those in the community who may be falsely accused of a crime or a person who is innocent but is caught up in a larger criminal investigation.

Related Legal Concepts

Understanding grand juries often goes hand in hand with petit jury proceedings, as both involve citizen participation in the justice system but serve different functions. The grand jury witness plays a crucial role in providing testimony during these proceedings, while concepts like jury selection and jury duty demonstrate how citizens are called to serve in various judicial capacities. Those familiar with jury trial procedures will recognize that grand juries operate under different rules and standards than trial juries.

The Bottom Line

Grand juries serve as an important safeguard in the criminal justice system, acting as a buffer between prosecutors and potential defendants while helping to filter out weak cases before they proceed to trial. This centuries-old institution continues to play a vital role in serious criminal matters, particularly at the federal level where indictments are required for felony prosecutions. For guidance specific to your situation, always consult a qualified, licensed attorney.