Grand juries in the United States

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A grand jury investigating the Arcadia Hotel fire in Boston, Massachusetts in December 1913.

Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought.[1]

The grand jury originated under the law of England and spread through colonization to other jurisdictions as part of the common law. Today, the United States is one of only two jurisdictions, along with Liberia, that continues to use the grand jury to screen criminal indictments.[2] Japan also uses the system similar to civil grand juries used by some U.S. states to investigate corruption and other more systemic issues.[3]

Generally speaking, a grand jury may issue an indictment for a crime, also known as a "true bill," only if it verifies that those presenting had probable cause to believe that a crime has been committed by a criminal suspect.[4][obsolete source] Unlike a petit jury, which resolves a particular civil or criminal case, a grand jury (typically having twelve to twenty-three members) serves as a group for a sustained period of time in all or many of the cases that come up in the jurisdiction, generally under the supervision of a federal U.S. attorney, a county district attorney, or a state attorney-general, and hears evidence ex parte (i.e. without suspect or person of interest involvement in the proceedings).

Federal grand jury for the Roy Olmstead trial, Seattle, 1926

The federal government is required to use grand juries for all felonies, though not misdemeanors, by the Fifth Amendment to the United States Constitution.[5] All states can use them, but only half actually do with the others using only preliminary hearings.[6]

Some states have "civil grand juries," "investigating grand juries," or the equivalent, to oversee and investigate civil issues instead of criminal ones.[7][additional citation(s) needed]

History[edit]

In the early decades of the United States grand juries played a major role in public matters.[citation needed] During that period counties followed the traditional practice of requiring all decisions be made by at least twelve of the grand jurors, (e.g., for a twenty-three-person grand jury, twelve people would constitute a bare majority). Any citizen could bring a matter before a grand jury directly, from a public work that needed repair, to the delinquent conduct of a public official, to a complaint of a crime, and grand juries could conduct their own investigations. In that era most criminal prosecutions were conducted by private parties, either a law enforcement officer, a lawyer hired by a crime victim or their family, or even by laymen. A layman could bring a bill of indictment to the grand jury; if the grand jury found there was sufficient evidence for a trial, that the act was a crime under law, and that the court had jurisdiction, it would return the indictment to the complainant. The grand jury would then appoint the complaining party to exercise the authority of an attorney general, that is, one having a general power of attorney to represent the state in the case. The grand jury served to screen out incompetent or malicious prosecutions.[8][page needed] The advent of official public prosecutors in the later decades of the 19th century largely displaced private prosecutions.[9]

Federal law[edit]

Grand Jury Clause[edit]

The grand jury right may be waived, including by plea agreement. A valid waiver must be made in open court and after the defendant has been advised of the nature of the charge and of the defendant's rights.[10]

Federal Rules of Criminal Procedure[edit]

Rule 6 of the Federal Rules of Criminal Procedure governs grand juries. It requires grand juries to be composed of 16 to 23 members and that 12 members must concur in an indictment.[11] A grand jury is instructed to return an indictment if the probable cause standard has been met. The grand jury's decision is either a "true bill" (formerly billa vera, resulting in an indictment), or "no true bill".

Rule 7 requires that the information (accusation) presented, by a competent public officer on their oath of office, must be a plain, concise, and definite written statement of the essential facts constituting the offense charged, and must give the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. If the grand jury returns an indictment, it must satisfy the same criteria.[10]

Investigatory role[edit]

Given the grand jury is set up to determine whether there is enough evidence to pursue a prosecution, it is given investigative powers like being able to issue subpoenas and compel witnesses to testify without a lawyer.[6] It is sometimes used when prosecutors may not have enough evidence.[5]

The U.S. Attorneys' Manual states that prosecutors "must recognize that the grand jury is an independent body, whose functions include not only the investigation of crime and the initiation of criminal prosecution but also the protection of the citizenry from unfounded criminal charges" and that targets of investigations have the right to, and can, "request or demand the opportunity to tell the grand jury their side of the story."[12][better source needed]

Special grand jury[edit]

A special grand jury, photographed in May 1922

United States law also provides for the formation of special grand juries. While a regular grand jury primarily decides whether to bring charges, a special grand jury is called into existence to investigate whether organized crime is occurring in the community in which it sits. This could include, for instance, organized drug activity or organized corruption in government. As provided in 18 U.S.C. § 3331(a), the U.S. District Court in every judicial district having more than four million inhabitants must impanel a special grand jury when requested by a designated official of the Justice Department.[13][better source needed]

State laws[edit]

Only about half require a grand jury indictment to commence a criminal prosecution, and among those, many limit the requirement to felonies or even certain types of felonies.[14] The size of the grand jury and the number of grand jurors required to issue an indictment varies among the states and even, at times, within a single state.[14]

Georgia[edit]

In Georgia, grand juries are required to issue an indictment in felony cases. They are composed of 16 to 23 people who serve for a fixed term which varies depending on the county. These grand juries hear many different cases during their session. In addition to the well-known criminal functions they carry out, grand juries may also perform civil investigations; they may then issue a report, officially called a general presentment, or in some cases a special presentment.[15]

Georgia law also provides for the formation of special purpose grand juries. Special purpose grand juries are different from regular grand juries in that they are focused on a single topic, may be empaneled for longer, and most importantly, since Kenerly v. State (311 Ga. App. 190, 2011), may not issue indictments; instead they issue a presentment which usually becomes public.[15]

Discussion[edit]

Former Arizona prosecutor Paul Charlton described grand juries as taking on a more independent and hands-on approach in newsworthy or politically sensitive probes like those involving public corruption, while generally letting the prosecutors lead on cases like bank robberies.[16]

Process[edit]

Typically between 16 and 23, grand jurors are drawn at random from lists of registered voters, actual voters or a similar list (typically the same one that is used for trial jurors).[5][6] Unlike potential jurors in regular trials, grand jurors are not screened for bias,[17] just for eligibility based on criminal record, language proficiency, or other factors.[5] They typically only appear in court a few days a month and meet in secret to protect jurors from intimidation and prevent any innocent people from being subjected to unfounded charges.[6] Witnesses can typically reveal what occurred when they testified.[5]

They are rarely read any instruction on the law, as this is not a requirement; their job is only to judge on what the prosecutor produced.[17] The prosecutor drafts the charges and decides which witnesses to call.[17] Individuals in grand jury proceedings can be charged with holding the court in contempt (punishable with incarceration for the remaining term of the grand jury) if they refuse to appear before the jury.[17]

A supermajority of jurors, either two-third or three-fourths, is usually needed to recommend an indictment or criminal charge.[6]

Criticism[edit]

Some criticize the process as being too easy to reach an indictment, given that, for example, prosecutors can withhold evidence favorable to the defendant.[5][18]

See also[edit]

References[edit]

  1. ^ Zapf, Patricia A.; Roesch, Ronald; Hart, Stephen D. (December 4, 2009). Forensic Psychology and Law. Hoboken, NJ: Wiley. p. 182. ISBN 978-0-470-57039-5. Retrieved 2 December 2014.
  2. ^ Shapiro, Chava; Clark, James (2023-09-27). "It's Time to Abolish Grand Juries Once and for All". The Nation. ISSN 0027-8378. Retrieved 2024-05-02.
  3. ^ Gastil, John; Fukurai, Hiroshi; Anderson, Kent; Nolan, Mark (September 13, 2014). "Seeing Is Believing: The Impact of Jury Service on Attitudes Toward Legal Institutions and the Implications for International Jury Reform" (PDF). Court Review. 48: 126. Archived from the original (PDF) on 26 February 2015. Retrieved 2 December 2014.
  4. ^ Cook, Joseph P. (1971), "Probable Cause to Arrest", Vanderbilt Law Review, 24: 317–39, quoting Beck v. Ohio, 379 U.S. 89, 91 (1964).
  5. ^ a b c d e f Joy, Peter A. (2022-07-27). "How do grand juries work? Their major role in criminal justice, and why prosecutors are using them to investigate efforts to overturn the 2020 election". The Conversation. Retrieved 2024-05-13.
  6. ^ a b c d e "What is a US grand jury?". BBC. March 13, 2023. Retrieved 2024-05-13.
  7. ^ "DeKalb judge keeps grand jury report from public but allows CEO access". WSB-TV Channel 2 - Atlanta. 12 February 2013.
  8. ^ Edwards, George John (1906). Richard H. Ward (ed.). The grand jury: considered from an historical, political and legal standpoint, and the law and practice relating thereto. University of Michigan: G.T. Bisel. ISBN 0-404-09113-X. Retrieved 22 May 2011.
  9. ^ "If It's Not a Runaway, It's Not a Real Grand Jury", Roger Roots, Creighton Law Review, Vol. 33, No. 4, 1999–2000, 821
  10. ^ a b "Rule Fed. R. Crim. P. 7. The Indictment and the Information". Legal Information Institute.
  11. ^ "Rule Fed. R. Crim. P. 6. The Grand Jury". Legal Information Institute. 30 November 2011.
  12. ^ "9-11.010", U.S. Attorneys Manual, 19 February 2015
  13. ^ "158. Impaneling Special Grand Juries". justice.gov. US Attorneys Manual – Department of Justice. 19 February 2015.
  14. ^ a b Decker, John F. (Fall 2005). "Legislating New Federalism: The Call for Grand Jury Reform in the States". Oklahoma Law Review. 58: 341, 354–355.
  15. ^ a b Bower, Anna (October 17, 2022). "Everything You Ever Wanted to Know About Georgia Special Purpose Grand Juries But Were Afraid to Ask". Lawfare (website). Retrieved 22 December 2022.
  16. ^ Swan, Betsy Woodruff; Cheney, Kyle (May 10, 2024). "Inside the unusually aggressive Arizona grand jury that indicted Trump's allies". Politico.
  17. ^ a b c d "FAQs about the Grand Jury System". American Bar Association. Archived from the original on April 24, 2011. Retrieved 2011-05-11.
  18. ^ Campbell, William J. (1973). "Eliminate the Grand Jury". J. Crim. L. & Criminology. 64 (2): 174–182. doi:10.2307/1142987. JSTOR 1142987. [T]oday, the grand jury is the total captive of the prosecutor who, if he is candid, will concede that he can indict anybody, at any time, for almost anything, before any grand jury.

External links[edit]

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