Grand Jury Process

Grand Juries: Behind Closed Doors in Search of Justice

Strict Confidentiality

Grand juries operate in absolute secrecy, safeguarding the privacy of witnesses and ensuring they can speak freely without fear of retaliation. This confidentiality is crucial for gathering unbiased testimony and protecting individuals from undue pressure or intimidation.

Accusation and Investigation

Grand juries hold the unique power to determine whether there is sufficient evidence to accuse an individual of a crime. They review evidence, hear witness testimony, and weigh all available information to make a decision on whether an indictment should be issued.

Formal Charges

If a grand jury finds enough evidence to support an accusation, they issue an indictment, formally charging the individual with a crime. This indictment initiates the criminal prosecution process, leading to the trial phase.

Laypeople, Not Experts

In the United States, grand juries consist of ordinary citizens who are not legal experts. This lay composition ensures that the decisions made by the jury are based on common sense and an understanding of community values.

Balancing Confidentiality and Transparency

While grand juries operate in secrecy, they are not entirely immune from oversight. In certain circumstances, prosecutors may request the court to waive the secrecy and allow for the release of information related to the proceedings.

Accusatory, Investigatory, and Principal Functions

Grand juries serve three primary functions: * Accusatory: Determining whether there is sufficient evidence to indict an individual. * Investigatory: Gathering information and evidence through witness testimony and other sources. * Principal: Determining whether the charges against an individual should result in a trial. These functions empower grand juries to hold individuals accountable for potential crimes while safeguarding the rights of both the accused and the community at large.