Grand Jury Definition

What is a Grand Jury?

Definition and Function

A grand jury is a legal body that plays a crucial role in the criminal justice system. It is a group of citizens, typically ranging from 12 to 23 individuals, who are empowered by law to investigate potential criminal offenses and decide whether there is sufficient evidence to bring formal charges against a person or entity.

Purpose and Process

The primary purpose of a grand jury is to determine if there is probable cause to believe that a crime has been committed and that the accused individual or entity should stand trial. The jury examines accusations of crimes, gathers evidence, and hears testimony from witnesses to form an opinion on the matter.

Grand juries operate in secret, meaning that their proceedings are not open to the public. This secrecy is intended to protect the privacy of the accused, prevent the release of sensitive information, and ensure the integrity of the investigative process.

Composition and Selection

Grand jurors are typically chosen randomly from the general population. They are required to be impartial and free from any conflicts of interest that could affect their judgment. The size and composition of the jury vary depending on the jurisdiction and the specific case.

Powers and Limitations

Grand juries have broad powers to gather evidence, including the authority to subpoena witnesses and documents. However, their decision-making is limited to determining whether there is probable cause to charge a person with a crime. They do not determine guilt or innocence.

Historical and Legal Context

The grand jury system has a long history in the common law tradition, dating back to medieval England. In the United States, the Fifth Amendment to the Constitution guarantees the right to a grand jury indictment for all capital or otherwise infamous crimes.