Grand Jury

Grand Jury in the United States

An investigative body that makes accusations rather than determines guilt. The grand jury evaluates information generated on its own or brought to it by a prosecutor. If the grand jury determines that probable cause exists, it returns an indictment against an individual. The indictment signifies that the grand jury feels a trial on specific charges is reasonable. In English law the grand jury had the function of protecting persons from being tried arbitrarily. An American grand jury typically ranges from 12 to 23 persons with selection occurring under guidelines that require neutral and nondiscriminatory processes. These guidelines have been carefully defined by the Supreme Court in such cases as Alexander v. Louisiana (405 U.S. 625: 1972). Grand juries operate in secret to protect persons they may not indict. Witnesses appear before grand juries under subpoena. Failure to provide information desired by a grand jury may result in a witness being cited for contempt, as in Branzburg v. Hayes (408 U.S. 665: 1972). Upon hearing all testimony relating to a particular person, the grand jury determines by a simple majority vote whether to indict. While grand juries may function through their own initiative, they are usually guided and sometimes dominated by a prosecutor. The latter determines which witnesses will appear and which evidence will be developed. The prosecutor has virtually complete discretion in grand jury proceedings through control of relevant information. Grand juries usually indict persons whom prosecutors want to be indicted. A person need not appear before a grand jury to be indicted. Witnesses who do appear usually are not permitted counsel at the proceeding itself, although out-of-room consultation during the proceeding is often permitted. A witness must be advised of his or her rights against self-information, but this warning may be quite general under United States v. Washington (431 U.S. 181: 1977). The Fifth Amendment requires grand juries in the American federal system. The requirement has never been extended to the states, however. In Hurtado v. California (110U.S.516: 1884), the Supreme Court held that California’s use of the information process, instead of the grand jury, did not deny due process. Hurtado gave the states the opportunity to determine their own procedure for bringing criminal charges. Thirty-two states have elected to use the grand jury, at least for some portion of their criminal proceedings. Only eight states use it for all cases. Decisions subsequent to Hurtado have enhanced the investigative powers of grand juries. An alternative accusatorial process to grand jury indictment is the information. This procedure allows a prosecutor to submit charges directly to a judge.

See Also

Indictment (Criminal Process) Information (Criminal Process).

Analysis and Relevance

The grand jury function is completely different from the guilt adjudication function. Grand jury proceedings have therefore been freed from the rigorous procedural and evidentiary standards used at trial. Such decisions as Costello v. United States (350 U.S. 359: 1953) stress the need for informality for grand juries. The relaxation of procedural constraints was intended to maximize the opportunity for a grand jury to consider as much evidence as possible before making its decision to charge. Flexibility designed to enhance the investigative power of grand juries has some costs, however. Procedural protections of witnesses are less extensive than at the trial stage, and a heightened potential for misconduct exists relative to contempt and immunity practices. Michigan permits a one-person grand jury. This person is always a trial judge, and he or she functions in the same manner as a grand jury composed of laypeople.

Notes and References

  1. Definition of Grand Jury from the American Law Dictionary, 1991, California

Grand Jury Definition

In practice. A body of men, consisting of not less than twelve nor more than twenty-four, respectively returned by the sheriff of every county to every session of the peace, oyer and terminer, and general gaol delivery, to whom indictments are preferred. 4 Bl. Comm. 302; 1 Chit. Crim. Law, 310, 311. There is reason to believe that this institution existed among the Saxons. Crabb, Hist. Eng. Law, 35. By the constitutions of Clarendon, enacted 10 Hen. II. (A. D. 1164) , it is provided that, “if such men were suspected whom none wished or dared to accuse, the sheriff, being thereto required by the bishop, should swear twelve men of the neighborhood, or village, to declare the truth” respecting such supposed crime, the jurors being summoned as witnesses or accusers, rather than judges. It seems to be pretty certain that this statute either established grand juries, if this institution did not exist before, or recognized them if they already existed. 1 Spence, Eq. Jur. 63.

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In practice. A body of men, consisting of not less than twelve nor more than twenty-four, respectively returned by the sheriff of every county to every session of the peace, oyer and terminer, and general gaol delivery, to whom indictments are preferred. 4 Bl. Comm. 302; 1 Chit. Crim. Law, 310, 311. There is reason to believe that this institution existed among the Saxons. Crabb, Hist. Eng. Law, 35. By the constitutions of Clarendon, enacted 10 Hen. II. (A. D. 1164) , it is provided that, “if such men were suspected whom none wished or dared to accuse, the sheriff, being thereto required by the bishop, should swear twelve men of the neighborhood, or village, to declare the truth” respecting such supposed crime, the jurors being summoned as witnesses or accusers, rather than judges. It seems to be pretty certain that this statute either established grand juries, if this institution did not exist before, or recognized them if they already existed. 1 Spence, Eq. Jur. 63.

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Notice

This definition of Grand Jury Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Grand Jury

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled GRAND JURYHistorians date the grand jury to King Henry II’s Assize of Clarendon in 1166. That ancient ancestor was markedly different from its American descendants. The Grand Assize, as it was known, was comprised of local gentry, relying on personal knowledge and local rumor to report alleged
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Grand Jury

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled GRAND JURY The grand jury clause of the Fifth Amendment is an anomaly. It gives constitutional stature to a secret inquisitorial process that is quite at odds with the open adversarial character of the remainder of the federal judicial system. The clause preserves the institution of the
(read more about Constitutional law entries here).

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Representing the Grand Jury Target Witness

This section examines the Representing The Grand Jury Target Witness subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Concept of Grand Jury

In the U.S., in the context of Judiciary power and branch, Grand Jury has the following meaning: The Fifth Amendment to the U.S. Constitution states that no person shall be held to answer for a felony crime “unless on a presentment or indictment of a grand jury.” The practice goes back at least to early England, when the kings began using groups of citizens to determine which charges were worthy of trial, rather than just having individual citizens or the prosecutor bring charges. While charges requested by a federal prosecutor require grand jury action (indictment), states are not required to use grand juries for prosecutions in state courts. (Source of this definition of Grand Jury : University of Texas)

Grand Jury

The Grand Jury Explained

References

See Also

  • Jury System
  • Grand Jury

Grand Jury

In Legislation

Grand Jury in the U.S. Code: Title 18, Part II, Chapter 215

The current, permanent, in-force federal laws regulating grand jury are compiled in the United States Code under Title 18, Part II, Chapter 215. It constitutes “prima facie” evidence of statutes relating to Criminal Procedure (including grand jury) of the United States. The readers can further narrow their legal research on the topic by chapter and subchapter.

Resources

See Also

  • Judiciary Power
  • Judiciary Branch

The Grand Jury Explained

References

See Also

  • Jury System
  • Grand Jury

Resources

See Also

  • Legal Topics.
  • Arraignment; Confessions; Criminal Justice Process; Preliminary Hearing; Prosecution: Prosecutorial Discretion; Search and Seizure.

    Clarendon, Constitutions of.

    Further Reading (Books)

    Beale, Sara Sun; Bryson, William; Felman, James; and Elston, Michael. Grand Jury Law and Practice, 2d. St. Paul, Minn.: Westgroup, 1998.

    Blank, Blanche. The Not So Grand Jury. Lanham, Md: University Press of America, 1993.

    Brenner, Susan, and Lockhart, Gregory. Federal Grand Jury Practice. St. Paul, Minn.: West Publishing, 1996.

    Clark, Leroy D. The Grand Jury: The Use and Abuse of Political Power.. New York: Quadrangle, 1975.

    Frankel, Marvin E., and Naftalis, Gary P. The Grand Jury: An Institution on Trial. New York: Hill & Wang, 1977.

    Lafave, Wayne; Israel, Jerold; and King, Nancy. Criminal Procedure. 2d ed. St. Paul, Minn.: Westgroup, 1999, chapters 8 and 15.

    Liepold, Andrew. “Why Grand Juries Do Not (And Cannot) Protect the Accused.” Cornell Law Review 80 (1995): 260.

    Schwartz, Helene E. “Demythologizing the Historic Role of the Grand Jury.” American Criminal Law Review 10 (1972): 701-770.

    Younger, Richard D. The People’s Panel: The Grand Jury in the United States, 1634-1941. Providence, R.I.: Brown University Press, 1963.

    CASES

    Blair v. United States, 250 U.S. 273 (1919).

    Costello v. United States, 350 U.S. 359 (1956).

    Hoffman v. United States, 341 U.S. 479 (1951).

    Hurtado v. California, 110 U.S. 516 (1884).

    Kastigar v. United States, 406 U.S. 441 (1972).

    United States v. Dionisio, 410 U.S. 1, 12 (1973).

    United States v. Procter and Gamble Co., 356 U.S. 677 (1958).

    United States v. Williams, 504 U.S. 306 (1992).

    Further Reading (Articles)

    Grand Jury Is Good Tool to Compel Witnesses to Testify, Tribune-Review/Pittsburgh Tribune-Review; June 7, 2009; Foreman, Chris

    The Grand Jury Legal Advisor: Resurrecting the Grand Jury’s Shield, Journal of Criminal Law and Criminology; June 22, 2008; Hoffmeister, Thaddeus

    Grand juries: rubber stamps or safeguards?, Chicago Sun-Times; September 8, 1996; MICHAEL GILLIS

    G
    rand juries serve key legal function. American News (Aberdeen, SD); July 31, 2007

    THE GRAND JURY LEGAL ADVISOR: RESURRECTING THE GRAND JURY’S SHIELD, Journal of Criminal Law and Criminology; July 1, 2008; Hoffmeister, Thaddeus

    Grand Juries // The secret, powerful tool of law, Chicago Sun-Times; March 22, 1998; GARY WISBY

    The grand jury and health care crimes: what every physician executive needs to know.(Health Law Update), Physician Executive; January 1, 2006; Spevak, Christopher

    Silverado Grand Jury Hears Unusual Witness; Conn. Lawyer Wants Neil Bush Indicted, The Washington Post; November 13, 1992; Jerry Knight

    Prosecutorial Investigations Using Grand Jury Reports: Due Process and Political Accountability Concerns, Columbia Journal of Law and Social Problems; July 1, 2011; Morril, Gregory D.

    Enron Grand Jury Labors into Third Year. Knight Ridder/Tribune Business News; April 16, 2004

    Was special grand jury use proper?(Local), The Virginian-Pilot (Norfolk, VA); January 31, 2006

    Credit grand jury, D.A. for rooting out political corruption, San Bernardino County Sun (San Bernardino, CA); May 14, 2011; Daniel B Jeffs

    A GRAND JURY `INQUIRY’ LESS THAN IT SEEMS, Daily News (Los Angeles, CA); September 13, 1995; Walter P. Coombs and Ralph E. Shaffer

    Keeping grand jury’s secrets, Chicago Sun-Times; September 18, 1998; Tim Novak

    SOME GRAND JURY TAPES MISSING, The Record (Bergen County, NJ); October 20, 1992; FREDRICK KUNKLE, Record Staff Writer

    Special grand jury was out of bounds, attorney says.(Local), The Virginian-Pilot (Norfolk, VA); March 30, 2006

    Grand jury use is rare in Utah, Deseret News (Salt Lake City); December 5, 2004; Tad Walch and Jesse Hyde Deseret Morning News

    Grand jury: No charges against S.J. cops who fatally shot mentally ill man, Oakland Tribune; October 16, 2009; Mark Gomez Sean Webby mgomez@mercurynewscom

    Sandusky Grand Jury Unfairly Mentioned Paterno, Professor Argues Pennsylvania Grand Jury System Differs Dramatically from Federal Rules, States News Service; April 18, 2013

    Reviving Federal Grand Jury Presentments, The Yale Law Journal; March 1, 1994; Lettow, Renee B.

    Charge to the Grand Jury Meaning in Law Enforcement

    Given by the judge presiding over the selection and organization of the grand jury, the charge is the court’s instructions to the grand jury as to its duties, functions, and obligations, and how to best perform them.

    Grand Jury Meaning in Law Enforcement

    Consists of sixteen (to form a quorum) to twenty-three members, summoned to review complaints and accusations in criminal cases. Upon the vote of twelve jurors, issues an indictment. Governed by the Fed.R.Crim.P. 6.

    Grand Jury Definition in the context of the Federal Court System

    A body of 16-23 citizens who listen to evidence of criminal allegations presented by the prosecutors, and determine whether there is enough evidence to issue an indictment and conduct a trial. See also “indictment” and “United States attorney.”

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