What is a Grand Jury?
Definition and Purpose
A grand jury is a group of citizens who are sworn to hear evidence and decide whether there is probable cause to indict a person for a crime.
Key Features:
- Larger than a trial jury: A grand jury typically consists of 16 to 23 members, while a trial jury usually has 6 to 12 members.
- Investigative body: A grand jury investigates evidence, hears witnesses, and examines documents to determine if there is sufficient evidence to indict.
- Formal charging instrument: An indictment issued by a grand jury is the formal document that charges a person with a crime.
- Independent of the prosecutor: A grand jury operates independently of the prosecutor and is not bound by the prosecutor's recommendations.
Process of Indictment
A grand jury is convened by a prosecutor, who presents evidence and witnesses to support the charges. The grand jury then votes on whether to indict the suspect. An indictment is issued if at least two-thirds of the grand jury votes in favor of it.
The indictment contains the basic information about the charges, such as the name of the defendant, the crime alleged, and the date and place of the alleged offense.
Difference Between Grand Jury and Trial Jury
- Function: A grand jury decides whether to indict, while a trial jury determines guilt or innocence.
- Burden of proof: In a grand jury proceeding, the prosecutor must present enough evidence to establish probable cause. In a trial, the prosecutor must prove guilt beyond a reasonable doubt.
- Publicity: Grand jury proceedings are typically secret, while trials are open to the public.
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