A grand jury of 16-23 citizens is selected and sworn in for a term of 18 months (federal) or varying terms (state). A foreperson is designated to manage proceedings.
The prosecutor presents witness testimony, documents, and other evidence. Grand jury proceedings are conducted in secret with no judge present.
Witnesses testify under oath. Unlike trial, witnesses generally have no right to counsel in the grand jury room (though they may consult counsel outside).
After hearing evidence, grand jurors deliberate in private without the prosecutor present. They discuss whether probable cause exists.
A supermajority (typically 12 of 23 federal grand jurors) must vote to indict. If sufficient votes exist, the grand jury returns a "true bill" (indictment); otherwise a "no bill."
The indictment is filed with the court and either served on the defendant or sealed pending arrest. The defendant then proceeds to arraignment.
Grand jury proceedings are closed to the public, the defense, and even the judge. The prosecutor presents evidence and witnesses, and the grand jurors may ask questions. There is no right to cross-examination, and the rules of evidence do not strictly apply. A grand jury needs only a majority vote (not unanimity) to return a "true bill" (indictment). If it declines to indict, it returns a "no bill." Grand jury subpoenas compel witnesses to testify and produce documents. Witnesses may invoke the Fifth Amendment but have no right to counsel inside the grand jury room, though they may step outside to consult their attorney.
Prosecutor: "Ladies and gentlemen of the grand jury, we will present testimony from three witnesses and documentary evidence establishing probable cause that the target committed bank fraud."
Judge: "The grand jury has returned a true bill. The case will proceed to arraignment."
Defense Attorney: "Your Honor, we move to quash the grand jury subpoena on the grounds that it is overly broad and constitutes a fishing expedition unrelated to any legitimate investigation."
A common misconception is that a grand jury indictment means the defendant is probably guilty. In reality, the probable cause standard is low, the proceedings are one-sided, and the defense has no opportunity to present its case. The saying "a grand jury would indict a ham sandwich" reflects this reality.
The Fifth Amendment grand jury requirement applies only to federal felony cases (Hurtado v. California, 1884). About half of U.S. states allow prosecutors to file felony charges by information without a grand jury indictment.
United States v. Williams, 504 U.S. 36 (1992)
Held that a prosecutor has no duty to present exculpatory evidence to a grand jury, reinforcing the grand jury's independence from judicial supervision.
Costello v. United States, 350 U.S. 359 (1956)
Established that a grand jury indictment valid on its face cannot be challenged on the ground that it was based on inadequate or incompetent evidence, including hearsay.
United States v. Calandra, 414 U.S. 338 (1974)
Held that the exclusionary rule does not apply to grand jury proceedings, allowing grand juries to consider evidence obtained in violation of the Fourth Amendment.
| Grand Jury | Trial Jury |
|---|---|
| 16-23 members (federal) | 6-12 members |
| Determines probable cause to charge | Determines guilt or liability |
| Proceedings are secret | Trial is public |
| Only prosecution presents evidence | Both sides present evidence |
| No judge present during deliberations | Judge presides over entire trial |
| Issues indictments (true bills) | Renders verdicts (guilty/not guilty) |
What does a grand jury do?
A grand jury reviews evidence presented by the prosecution to determine whether there is probable cause to charge someone with a crime. If the grand jury finds probable cause, it issues an indictment (true bill). Grand juries also have broad investigative powers to issue subpoenas and compel testimony, serving as a check on prosecutorial power.
How many people are on a grand jury?
A federal grand jury consists of 16 to 23 members, with a minimum of 16 needed for a quorum and at least 12 votes required to issue an indictment. State grand jury sizes vary by jurisdiction. Grand jurors typically serve for 18 months in federal court, though their term can be extended to 24 months.
Are grand jury proceedings secret?
Yes, grand jury proceedings are secret under Federal Rule of Criminal Procedure 6(e). Witnesses, prosecutors, court reporters, and jurors are present, but there is no judge or defense attorney in the room. Grand jurors take an oath of secrecy. This secrecy protects the reputation of those not indicted, encourages witness candor, and prevents flight.
An indictment is a formal written accusation issued by a grand jury charging a person with a crime. ...
The burden of proof refers to a party's obligation to prove the facts necessary to support their cla...
The prosecutor is the government attorney responsible for presenting the case against the defendant ...
Voir dire is the process by which prospective jurors are questioned to determine their qualification...
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