Grand Jury: Understanding the Investigative Body
Definition of a Grand Jury
A grand jury is a group of citizens empowered by law to conduct legal proceedings and investigate potential criminal conduct. It operates in a non-public setting to determine whether criminal charges should be brought against an individual.
History and Purpose
Grand juries have a long history in Anglo-American law, dating back to the 12th century. Their primary purpose is to protect individuals from frivolous or malicious prosecutions. By having a group of citizens review the evidence and make a decision, it helps ensure that only legitimate criminal cases proceed to trial.
Composition and Selection
Grand juries are typically composed of 12 to 23 individuals who are randomly selected from the general population. They represent a cross-section of the community and are not experts in law or criminal justice. This ensures that they approach the investigation with an impartial perspective.
Procedure
A grand jury investigation begins when a prosecutor presents evidence to the jury. The prosecutor will outline the allegations against the individual and present witnesses and documents to support their case. The grand jury then reviews the evidence and votes on whether there is sufficient cause to believe that a crime has been committed. If the grand jury finds sufficient evidence, they will return an "indictment," which is a formal accusation that authorizes the prosecution to proceed with criminal charges. If they do not find sufficient evidence, they will issue a "no bill," which means the case will not proceed.
Grand Jury Secrecy
Grand jury proceedings are typically held in secret to protect the privacy of witnesses and the accused. This secrecy also allows the jury to deliberate without outside influence. However, in some cases, grand jury testimony may be made public if the court finds it necessary for the administration of justice.
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