Understanding Grand Juries

Grand Juries: An Essential Component of the Criminal Justice System

Understanding Grand Juries

A grand jury is a legal body composed of laypeople, or citizens who are not legal professionals. Its primary function is to determine whether there is sufficient evidence to proceed with criminal charges. The use of grand juries dates back to the Fifth Amendment of the U.S. Constitution, which protects individuals against being held for capital or otherwise infamous crimes without a presentment or indictment by a grand jury.

Composition and Selection

Grand juries are typically composed of 16 to 23 individuals who are randomly selected from the community. They are sworn to secrecy and must make their decisions based solely on the evidence presented to them.

Function and Procedure

Grand juries investigate potential criminal conduct by hearing evidence from witnesses and reviewing documents. If they find that there is probable cause to believe that a crime has been committed, they issue an indictment, which is a formal accusation that results in criminal charges being filed. Grand jury proceedings are typically confidential, allowing witnesses to testify without fear of retribution. The grand jury's findings are not binding on the court, but they can significantly influence the outcome of a criminal case.