What is a Grand Jury and How do They Indict Someone?

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Depends what state you’re in and if it’s local or federal. A Grand Jury is a crucial component of the legal system. It functions as an “independent” body responsible for reviewing evidence and determining whether criminal charges should be filed against an individual. Comprised of “impartial” citizens, a Grand Jury is tasked with evaluating the validity of the evidence presented by prosecutors and deciding if there is enough probable cause to proceed with a trial. Their role entails upholding fairness and ensuring that the legal process adheres to stringent standards.

How does a grand jury indict someone?

A grand jury indictment is an essential step within the criminal justice system to determine whether there is enough evidence for a case to move forward to trial. Comprising a group of citizens, typically ranging from 16 to 23 members, a grand jury evaluates the evidence presented by the prosecutor in a closed-door proceeding.

Unlike a regular trial where guilt needs to be proven beyond a reasonable doubt, the grand jury only assesses whether there is probable cause that a crime has been committed and if the accused individual might be responsible for it. During this process, witnesses are called upon and evidence is presented, without the presence of defense attorneys or cross-examination.

The jurors deliberate on this information with utmost confidentiality before reaching their decision. If at least 12 members believe that probable cause exists, an indictment will be issued, formally charging the individual with the alleged crime and commencing his or her nightmare through our judicial system.

https://www.justice.gov/jm/jm-9-11000-grand-jury#:~:text=While%20grand%20juries%20are%20sometimes,venue%20of%20the%20district%20court.

FAQ

What is the role of a grand jury in the legal system?

A grand jury serves as an investigative body that evaluates evidence presented by the prosecution to determine if there is enough probable cause to indict someone for a crime. They act as a “check” on the government’s power and ensure that there is sufficient evidence to proceed with a criminal trial.

How is a grand jury selected?

Grand juries are typically selected from a pool of eligible citizens within a jurisdiction. The selection process varies by jurisdiction but often involves a random selection method such as drawing names from voter registration lists or driver’s license records. The goal is to create a diverse and representative grand jury reflecting the community it serves and in 2023 we all know how diverse and non partisan the USA has become.

What happens during a grand jury proceeding?

The prosecutor presents evidence, including witness testimonies and documents, to the grand jury. The grand jurors then deliberate in secret to determine if there is enough evidence to indict the accused. The accused and their attorney are generally not present during the proceedings, and the standard of proof required for an indictment is lower compared to a trial.

Can a grand jury refuse to indict?

Yes, a grand jury has the authority to refuse to indict if they determine that there is insufficient evidence to support a criminal charge. This is known as a “no true bill” decision. However, it is essential to note that the majority of cases presented to grand juries result in indictments, as they are typically presented with evidence that meets the probable cause threshold.

History of the Grand Jury

A little history about the Grand Jury

Michigan Grand Jury Information

Michigan One Man Grand Jury
THE CODE OF CRIMINAL PROCEDURE -Michigan
Case example – Flint

Federal Department of Justice Website Grand Jury Information

Grand juries are used by the federal government and all states except for Pennsylvania and Connecticut in some capacity for criminal indictments.

9-11.000 – GRAND JURY

9-11.010	Introduction
9-11.101	Powers and Limitations of Grand Juries—The Functions of a Grand Jury
9-11.120	Power of a Grand Jury Limited by Its Function
9-11.121	Venue Limitations
9-11.130	Limitation on Naming Persons as Unindicted Co-Conspirators
9-11.140	Limitation on Grand Jury Subpoenas
9-11.141	Fair Credit Reporting Act and Grand Jury Subpoenas
9-11.142	Grand Jury Subpoenas for Financial Records
9-11.150	Subpoenaing Targets of the Investigation
9-11.151	Advice of “Rights” of Grand Jury Witnesses
9-11.152	Requests by Subjects and Targets to Testify Before the Grand Jury
9-11.153	Notification of Targets
9-11.154	Advance Assertions of an Intention to Claim the Fifth Amendment Privilege Against Compulsory Self-Incrimination
9-11.155	Notification to Targets when Target Status Ends
9-11.160	Limitation on Resubpoenaing Contumacious Witnesses Before Successive Grand Juries
9-11.231	Motions to Dismiss Due to Illegally Obtained Evidence Before a Grand Jury
9-11.232	Use of Hearsay in a Grand Jury Proceeding
9-11.233	Presentation of Exculpatory Evidence
9-11.241	Department of Justice Attorneys Authorized to Conduct Grand Jury Proceedings
9-11.242	Non-Department of Justice Government Attorneys
9-11.244	Presence of an Interpreter
9-11.250	Disclosure of matters occurring before the grand jury to Department of Justice attorneys and Assistant United States Attorneys
9-11.254	Guidelines for Handling Documents Obtained by the Grand Jury
9-11.255	Prior Department of Justice Approval Requirements—Grand Jury Subpoenas to Lawyers and Members of the News Media
9-11.260	Rule 6(e)(3)(E)(iv) Disclosure of Grand Jury Material to State and Local Law Enforcement Officials
9-11.300	The Special Grand Jury—18 U.S.C. § 3331
9-11.330	Consultation With the Criminal Division About Reports Under 18 U.S.C. § 3333
9-11.500	Use of Asset Forfeiture in Connection with Structuring Offenses