Procedures in Grand Jury
Contents
An Overview of Grand Jury Procedures
The grand jury is an integral part of the criminal justice system in the United States. Its purpose is to determine whether there is probable cause to believe that a crime has been committed, and that a specific person or persons committed it. If the grand jury finds probable cause, it will return an indictment charging that person with the commission of a crime.
The Grand Jury’s Investigation
The job of the grand jury is to determine whether probable cause exists to believe a crime was committed. The prosecutor will present the grand jury with proposed charges and witnesses and/or documents to support those charges.
The grand jury has the power to subpoena documents and witnesses to testify. Because the proceedings are secret, witnesses may be more willing to testify candidly before a grand jury than they would in open court. The witnesses testify under oath, and the jurors may ask them questions. The prosecutor will later decide whether the testimony supports bringing formal charges.
The standard of proof for an indictment is lower than that required at trial. The grand jury only determines if there is “probable cause” to charge someone, whereas a trial jury must find proof “beyond a reasonable doubt” to convict.
A federal grand jury can investigate any federal crime committed within the district. The prosecutor cannot compel it to investigate something, but the grand jury has a duty to inquire into offenses brought to its attention by the court or from its own members.
Grand Jury Secrecy
Grand jury proceedings are kept secret, and this secrecy serves several important purposes. It protects the reputations of people who may be investigated but ultimately not charged. It prevents potential defendants from being tipped off and fleeing before they can be arrested. It protects witnesses who might face retaliation for their testimony. And it prevents evidence from being undermined by people aligning their stories before trial.
Grand jurors, prosecutors, interpreters, court reporters, and other personnel are prohibited from disclosing anything related to the grand jury’s proceedings. That secrecy obligation continues even after the grand jury’s term expires. Violating grand jury secrecy can result in being held in contempt of court.
There are a few exceptions that allow disclosure in limited circumstances – such as to other government attorneys or personnel assisting the investigation, or pursuant to a court order. But in general, “what happens in the grand jury room stays in the grand jury room.”
Voting on Indictments
In order to return an indictment charging someone with a crime, at least 12 grand jurors must vote that probable cause exists. If fewer than 12 jurors vote to approve, then no indictment is returned (this is sometimes referred to as a “no true bill”). The grand jury may hear evidence over the course of several days before voting on whether to issue indictments.
The prosecutor cannot be present during the actual voting. Only the grand jurors themselves participate in deliberations and vote on whether to approve indictments. The foreperson will let the prosecutor and court know the outcome.
If an indictment is approved, the grand jury’s role is complete with respect to that defendant. However, the grand jury can continue investigating other matters during its 18 month term. The case will then proceed to the next steps in the criminal process.
Conclusion
The grand jury has a long history dating back to the 12th century, and remains an integral cog in the wheel of the criminal justice system. Its procedures – from the selection of jurors to the secrecy of proceedings – serve important goals in allowing full investigation of potential crimes while protecting the rights of those involved. The grand jury’s role is limited to determining probable cause, but its judgment carries great weight in deciding whether or not to charge individuals accused of crimes. Though not without criticism, the federal grand jury process has endured as an important check on unfettered prosecutorial power.
References
Administrative Office of the U.S. Courts, Handbook for Federal Grand Jurors
Cornell Law School, Grand Jury
U.S. Department of Justice, Grand Jury Manual