How Grand Juries Work in Philadelphia Criminal Cases

How Grand Juries Work in Philly Criminal Cases

Grand juries—you’ve probably heard of them from TV crime shows, but what do they actually do in real life criminal cases here in Philly? Let’s break it down.

First things first: what is a grand jury? Basically it’s a group of citizens who decide whether there’s enough evidence for someone to be formally charged with a crime. If the grand jury thinks there is, they issue an indictment. An indictment is just a fancy legal word meaning charges are filed.

How’s that different from a trial jury? Good question. A trial jury decides if someone is guilty or not guilty. But a grand jury only looks at the evidence and decides if there’s probable cause to charge someone. They don’t determine guilt or innocence.

Now onto the nitty gritty of how they work in Philly…

Selecting Grand Jurors in Philadelphia

There’s no special criteria for being picked. The court randomly selects 23 Philly residents to serve on a grand jury for around 18 months. And you gotta serve if your number’s called – no getting out of it!

As for who’s on them, grand juries here consist of a “cross section of the community” – people of different backgrounds, races, incomes, etc. The goal is to represent all facets of Philly.

Basically if you live here and you’re over 18, you could potentially get tapped. Fingers crossed it’s not you though, lol. That’s a long commitment!

What Happens During Grand Jury Proceedings

Ok, so 23 randomly chosen Philadelphians have assembled to decide cases. What goes down next?

First, prosecutors give an overview of the case and present witnesses and evidence to the jury. This isn’t a trial though – there’s no defense attorney cross examining witnesses or anything. It’s just the D.A. making their case.

The jurors can ask questions if they want. Then they deliberate in private and vote on whether to issue an indictment.

But here’s a key fact: the D.A. only has to convince 12 out of 23 jurors to get an indictment. So even if almost half the jury doesn’t think there’s enough evidence, charges can still be filed if 12 vote yes.

Secrecy Rules

There’s a lot of secrecy around grand juries. The proceedings are totally confidential – jurors can’t talk about cases with anyone, even after their service ends. The only people allowed in the room are the jurors, prosecutors, witnesses, and court staff.

The secrecy is supposed to encourage witnesses to speak freely without fear of retaliation or public pressure. But many critics argue it goes too far and actually protects problematic practices by police and prosecutors. For example, if a cop lies on the stand, the public has no way of knowing thanks to the strict gag rules.

Recent Changes Expanding Grand Juries’ Powers

Philly’s grand juries used to only hear cases involving violent offenses like murder, rape, and arson. But thanks to changes in 2020, they now consider a wider range of charges like fraud, theft, and gun possession.