What Happens During a Washington DC Grand Jury Proceeding?

What Happens During a Washington DC Grand Jury Proceeding?

A grand jury proceeding can sound pretty mysterious and intimidating. Let’s break it down into a simple, easy-to-understand explanation of exactly what happens.

What is a Grand Jury?

A grand jury is a group of citizens who decide whether there is enough evidence for a criminal case to go to trial. They hear evidence presented only by the prosecutor – the defense lawyers and defendant are not involved at this point.

The grand jury does not determine guilt or innocence – they only decide if there is probable cause to charge someone with a crime and send the case to trial. Probable cause means there is enough evidence to reasonably believe the person committed the crime.

How is a Grand Jury Selected?

In Washington DC, a grand jury has 23 members and serves for a period of 18 months. The members are randomly selected from voter registration, driver’s license records, and other lists.

It is supposed to represent a cross-section of the community. The judge will screen the potential members for anything that might affect their impartiality.

What Happens During the Proceedings?

Grand jury proceedings are secret – the only people allowed to be present are the jurors themselves, a court reporter, the prosecutor, and any witnesses that are called.

At the beginning, the prosecutor will explain the purpose of the grand jury and go over the basics of laws regarding the crimes they will consider. For example, the elements required to prove robbery or assault.

For each case, the prosecutor will outline the investigation and evidence collected. Then witnesses are called one at a time to testify. The prosecutor will ask them questions, but there is no cross-examination by a defense attorney since the defendant is not present.

The jurors may submit written questions to ask witnesses after the prosecutor is finished questioning them. The prosecutor will review the questions and ask any relevant ones out loud so the witness can answer.

After hearing all the evidence for a particular case, the jury will privately discuss the case and vote on whether or not to issue an indictment. An indictment is a formal charge accusing the defendant of a specific crime.

At least 12 of the 23 members must vote in favor of an indictment in order for one to be issued. The jurors do not have to explain their decision – the vote is secret.

What Happens After an Indictment?

If the grand jury votes to indict, the prosecutor will prepare the indictment to be signed by the jury foreperson and filed with the court. The defendant will then be arrested and arraigned before a judge.

The arraignment is where the defendant is formally advised of the charges against them and has the opportunity to enter a plea. After arraignment the case proceeds to the trial phase, where the jury hears arguments from both the prosecution and defense.

If the grand jury decides not to indict, the case does not proceed any further unless the prosecutor takes it to another grand jury for a second try.

Key Takeaways

• A grand jury decides whether to issue an indictment formally charging a defendant based on evidence presented solely by the prosecutor.
• The proceedings are secret, with only the jurors, prosecutor, witnesses, and court reporter present.
• The standard is probable cause – whether there is enough evidence to reasonably believe the defendant committed the crime.
• If the grand jury indicts, the case proceeds to the trial phase where the defense fully participates.
• The one-sided nature gives significant power and discretion to the prosecutor.

So in summary, a grand jury proceeding is like a dress rehearsal for the prosecutor to present their case. The defendant sits it out until the full production at trial, if an indictment is returned.