15 Sep 23

How Federal Grand Juries Operate in Criminal Investigations

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Last Updated on: 16th September 2023, 08:31 pm

How Federal Grand Juries Operate in Criminal Investigations and Cases

The federal grand jury plays a critical role in the criminal process, but its operations are not well understood by the general public. This article provides an overview of federal grand juries, including how they are convened, their powers, procedures, and how they ultimately decide whether to issue an indictment.

What is a Federal Grand Jury?

A federal grand jury is a group of 16 to 23 citizens who are summoned to serve as an investigative body for criminal cases [4]. Their purpose is to determine whether there is sufficient evidence to justify bringing criminal charges against a person or entity. Federal grand juries are involved in all federal criminal prosecutions of felonies. They do not participate in misdemeanor cases [5].

The grand jury operates independently of prosecutors and judges. The jurors themselves decide what cases to investigate and what charges to bring. The grand jury serves as a safeguard against unwarranted prosecutions, since it is made up of ordinary citizens, not government officials.

Selection of Federal Grand Jurors

Grand jurors are selected randomly from voter registration lists, driver’s license records, and other sources. They serve for about 18 months, meeting around once a week. Alternate jurors may be selected to fill in if some jurors cannot serve the full term [2].

To be qualified, a grand juror must:

  • Be a U.S. citizen
  • Be at least 18 years old
  • Have resided in the judicial district for at least one year
  • Be adequately proficient in English
  • Have no disqualifying mental or physical condition
  • Not currently be subject to felony charges

Those selected to serve on a grand jury have an important civic duty. Employers are required to excuse them from work without loss of pay or benefits.

Powers of the Federal Grand Jury

The federal grand jury has broad investigative powers. The jury may [4]:

  • Subpoena documents
  • Compel witnesses to testify
  • Require witnesses to produce any relevant evidence
  • Inspect records
  • Collect physical evidence

In this investigative role, the grand jury can compel testimony and evidence without any requirement of probable cause. This gives it the ability to conduct wide-ranging investigations.

Grand Jury Procedures

Federal grand jury proceedings are conducted in secret. The only people allowed to be present are [3]:

  • The jurors
  • Witnesses (when testifying)
  • Government attorneys
  • A court reporter to record the proceedings
  • Interpreters (if needed)

Secrecy rules help encourage witnesses to testify fully and frankly without fear of retaliation or public exposure. It also prevents targets of the investigation from being tipped off and obstructing justice.

The government attorney presents the case to the jurors and examines witnesses. The jurors may also question witnesses directly. The witness’s attorney is not allowed to be present, but witnesses retain their constitutional rights against self-incrimination.

After hearing the evidence, the grand jury deliberates privately to determine whether an indictment should be issued. At least 12 jurors must vote in favor of each proposed charge for it to be included in an indictment.

Federal Grand Jury Indictments

If the grand jury decides a trial is warranted, it will issue an indictment spelling out the specific charges. Defendants are entitled to receive a copy of the indictment before their trial begins so they can prepare a defense.

An indictment is not a finding of guilt. It simply means the grand jury determined there is probable cause to believe the accused committed the alleged crimes. The trial jury is responsible for actually determining if the defendant is guilty beyond a reasonable doubt.

If the grand jury decides there is insufficient evidence for a criminal trial, it will issue a “no true bill.” This means no indictment will be pursued, although prosecutors can bring the case again in the future if they obtain more evidence.

Challenges to the Grand Jury Process

There are limited grounds on which a defendant can challenge alleged errors in the grand jury process [4]:

  • Discrimination in the selection of grand jurors
  • Unauthorized persons appearing before the grand jury
  • Violations of the defendant’s constitutional rights
  • Prosecutorial misconduct in the grand jury proceedings

Motions to dismiss an indictment based on grand jury issues are rarely granted. Courts generally place a high burden on defendants to prove any improprieties that would undermine the indictment.

Criticisms of the Grand Jury System

While grand juries serve an important function, they have also faced criticism from some legal experts. Common concerns include [1]:

  • Grand juries almost always follow the prosecutor’s recommendations, rather than acting as an independent check on the government. Over 99% of grand jury proceedings end with an indictment.
  • Defendants have no right to present their side or cross-examine witnesses during grand jury proceedings.
  • The low standard of probable cause required for an indictment is much easier to meet than the beyond a reasonable doubt standard used at trial.
  • The secrecy of proceedings makes the grand jury process opaque and not subject to public scrutiny.
  • Some argue grand juries give too much unchecked power to prosecutors, with the grand jury “rubber stamping” their wishes.

While federal grand juries play a meaningful role and provide some citizen oversight of prosecutors, they have limitations. Some reforms have been proposed to make grand juries more independent and transparent. However, major changes to the institution could disrupt the criminal justice process.

The Grand Jury in a Broader Context

Federal grand juries are just one piece of the criminal procedure framework. Their powers complement other key rights, including:

  • The presumption of innocence until proven guilty
  • The right to remain silent and not self-incriminate
  • The high standard of proof beyond a reasonable doubt required at trial

So while federal grand juries may not be perfect, other checks and balances help ensure fair treatment for those accused of crimes. With thoughtful reforms, the grand jury can continue to function as an important gateway between investigation and prosecution.