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Grand juries in the United States are groups of citizens empowered by
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
federal or
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our ...
law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought. The
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a ...
originated under the
law of England Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
and spread through colonization to other jurisdictions as part of the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
. Today, however, the United States is one of only two jurisdictions, along with
Liberia Liberia (), officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to its northwest, Guinea to its north, Ivory Coast to its east, and the Atlantic Ocean to its south and southwest. It ...
, that continues to use the
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a ...
to screen criminal
indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...
s. 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 In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or ...
to believe that a crime has been committed by a criminal suspect. 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). The federal government is required to use grand juries for all felonies, though not misdemeanors, by the
Fifth Amendment to the United States Constitution The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amend ...
. While all states in the U.S. currently have provisions for grand juries, only half of the states actually employ them and twenty-two require their use, to varying extents. The modern trend is to use an adversarial
preliminary hearing Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine ...
before a trial court judge, rather than grand jury, in the screening role of determining whether there is evidence establishing probable cause that a defendant committed a serious felony before that defendant is required to go to trial and risk a conviction on those charges. Some states have "civil grand juries," "investigating grand juries," or the equivalent, to oversee and investigate the conduct of government institutions, in addition to dealing with criminal indictments.


History

In the early decades of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
grand juries played a major role in public matters. 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. The advent of official public prosecutors in the later decades of the 19th century largely displaced private prosecutions. The federal constitutional right to have federal criminal charges screened by a grand jury is one of just a handful of provisions of the federal
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
that does not also apply to state and local governments.


Federal law


Grand Jury Clause

The
Fifth Amendment to the United States Constitution The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amend ...
provides that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger . . . ."
Misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than ad ...
s are not presented to a grand jury, and are instead charged by prosecutor's "
information Information is an abstract concept that refers to that which has the power to inform. At the most fundamental level information pertains to the interpretation of that which may be sensed. Any natural process that is not completely random, ...
." In the
United States armed forces The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is ...
, an Article 32 hearing is used for a similar purpose. The grand jury right may be waived, including by
plea agreement A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defenda ...
. 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.


Federal Rule of Criminal Procedure 6

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. A grand jury is instructed to return an indictment if the
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or ...
standard has been met. The grand jury's decision is either a "true bill" (formerly ''billa vera'', resulting in an
indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...
), or "no true bill".


Selection

Under federal law, a grand jury must be randomly selected from a "fair cross section of the community" in the location where the grand jury will convene.https://www.ndd.uscourts.gov/jury/jury_handbook_grand_jurors.pdf The names of potential jurors are drawn at random from lists of voters. The people whose names were chosen, unless exempt or excused, must appear before the court. The judge will then direct the selection of the 23 "qualified" people who will become the final jury.


Secrecy

Grand jury proceedings are secret in accordance with Rule 6(e) of the Federal Rules of Criminal Procedure. No judge is present; the proceedings are led by a
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
; and the
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one juris ...
has no right to present his case or (in many instances) to be informed of the proceedings at all. While court reporters usually transcribe the proceedings, the records are sealed. The case for such secrecy was unanimously upheld by the Burger Court in '' Douglas Oil Co. of Cal. v. Petrol Stops Northwest'', 441 US 211 (1979). Powell, J. and Stevens, J. The dissenting opinion was joined by Justices Burger and Stewart but concurred with the Court's opinion as to the importance and rationale of grand jury secrecy. Writing for the Court, Justice Powell found that "if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily"; "witnesses who appeared before the grand jury would be less likely to testify fully and frankly"; and "there also would be the risk that those about to be indicted would flee, or would try to influence individual grand jurors". Further, "persons who are accused but exonerated by the grand jury houldnot be held up to public ridicule". '' United States v. Procter & Gamble Co.'', 356 US 677 (1958), permitted the disclosure of grand jury transcripts under certain restrictions: "a private party seeking to obtain grand jury transcripts must demonstrate that 'without the transcript a defense would be greatly prejudiced or that without reference to it an injustice would be done'" and must make its requests "with particularity". Further, First Amendment protections generally permit the witnesses summoned by a grand jury to discuss their testimony, although '' Dennis v. United States'', 384 US 855 (1966), found that such public discussion permits release of the transcripts of their actual testimony. The Jencks Act, 18 U.S.C. § 3500, requires the government to disclose to the defense any statements made by the accused to the grand jury, and, with respect to non-party witnesses, that after a witness has testified on direct examination at trial, any statement made to the grand jury by such witness be disclosed to the defense.


Investigatory role

The grand jury can compel a
witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
to testify. The target of a grand jury investigation has no right to testify or put on a defense before the grand jury. The U.S. Attorney's Manual anticipates the possibility of allowing investigatory targets to testify. 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."


Special grand jury

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 Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally tho ...
is occurring in the community in which it sits. This could include, for instance, organized drug activity or organized
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
in government. As provided in , 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.


State laws

The grand jury clause of the Fifth Amendment has not been incorporated against the U.S. states. As a matter of state law, nearly all states employ some form of grand jury, though 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. 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.


California

The California constitution requires each county to have at least one grand jury impaneled at all times. Grand juries are governed by Title 4 and Title 5 of the California Penal Code, as well as Government Code §3060 and other more general provisions. In addition, grand juries are not subject to the Brown Act. Most county grand juries in California do not consider criminal matters. A decision to present criminal cases to the grand jury may be made by the county District Attorney, but it is neither a constitutional nor a statutory requirement. These county-level grand juries primarily focus on oversight of government institutions at the county level or lower. This is why California's grand juries are often called civil grand juries. Almost any entity that receives public money can be examined by the grand jury, including county governments, cities, and
special districts Special districts (also known as special service districts, special district governments, limited purpose entities, or special-purpose districts) are independent, special-purpose governmental units that exist separately from local governments such ...
. Each panel selects the topics that it wishes to examine each year. A jury is not allowed to ''continue'' an oversight from a previous panel. If a jury wishes to look at a subject that a prior jury was examining, it must start its own investigation and independently verify all information. It may use information obtained from the prior jury but this information must be verified before it can be used by the current jury. Upon completing its investigation, the jury may, but is not required to, issue a report detailing its findings and recommendations. Most grand juries are seated on a fiscal cycle, i.e. July through June. Most counties have panels consisting of nineteen jurors, some have as few as eleven jurors, others have as many as twenty-three. Due to the length of service, grand jurors are usually selected on a volunteer basis. The grand jury is required to publish a minimum of one report containing a minimum of one finding and one recommendation. The published reports are the only public record of the grand jury's work; there is no minority report. Each published report includes a list of those public entities that are required or requested to respond. The format of these responses is dictated by California Penal Code § 933.05, as is the time span in which they must respond. County grand juries develop areas to examine by two avenues: juror interests and public complaints. Complaints filed by the public are kept confidential. The protection of
whistleblower A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
s is one of the primary reasons for the confidential nature of the grand jury's work. Grand juries may charge public officials of "willful or corrupt misconduct in office." The accusation is tried as if it were an indictment, and may not be dismissed for political or extra-legal motives. The definition of "willful misconduct in office" is reserved for serious misconduct, that is, criminal behavior or "purposeful failure to carry out mandatory duties of office."


Florida

In
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, a ...
, a capital crime (one for which the imposition of the death penalty is a possible punishment) must be prosecuted by presentment or indictment of a grand jury.Fla. Const. Art. I, § 15(a) Other crimes may be prosecuted by presentment or indictment of a grand jury, but in most cases, prosecution for a non-capital criminal offense is begun by an “information” (charging document) filed under oath by the prosecutor.


Georgia

In
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to t ...
, 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. 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.


Kentucky

In Kentucky, grand jurors are impaneled in each county, at the Circuit Court level (felonies only) for a four-month term (three panels per year). During the trial jury orientation for the given four-month term, the grand jurors are selected from the trial jury pool, although the method of selection is not necessarily random. The meetings are twice a month in most counties (however, grand juries in more populous counties such as Jefferson ( Louisville) and Fayette ( Lexington) generally meet more often), with each meeting usually going through 20–30 cases in a four- to five-hour period. The indictment rate is about 98–99%; the grand jury can broaden (about 1% of the time) or narrow (about 3% of the time) the counts in the indictment as well. Usually, fifteen to twenty grand jurors are required to report to meetings; the hope is that twelve will show to each meeting, which is the number of jurors required to hear cases (an additional juror may be kept as an alternate while other extra jurors are typically excused for the day). It takes nine ''yes'' votes to the question of probable cause to sign a true bill of indictment. Fewer than nine ''yes'' votes either causes a ''no true bill'' or a narrowing of the indictment (depending on the votes per count). The rules are very similar to the federal process; the grand jury usually only hears from law enforcement personnel, with the exception of property crimes, where store detectives or actual victims of theft or vandalism are called to testify. The only cases brought to the grand jury are those initiated from the Commonwealth's Attorney's office (the prosecutor for felonies). For the vast majority of cases, the grand jurors generally only hear a recitation of facts from the police report, crime laboratory & medical examiner reports, and other documentation generated during the evidence gathering process. Grand jurors can ask factual questions of the witnesses and legal questions of the Commonwealth's Attorney or Assistant Commonwealth's Attorney. The ability to broaden or narrow indictments does technically allow for grand juries to open new avenues of investigation, although since it is dependent on prosecutors for facts, this is very rarely done. Rules of confidentiality that apply to Kentucky grand jurors are similar to those that apply to federal grand juries.


Louisiana

The law of
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a U.S. state, state in the Deep South and South Central United States, South Central regions of the United States. It is the List of U.S. states and territories by area, 20th-smal ...
is distinct from the other 49 states; it has a
civil law Civil law may refer to: * Civil law (common law), the part of law that concerns private citizens and legal persons * Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman law ** Private la ...
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
rather than a
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
system. The start of a grand jury may be attributed to an 1805 enactment of a law requiring all "crimes, offenses and misdemeanors obe taken, intended and construed according to and in conformity with the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
of
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
." Provisions for a grand jury are spelled out in ''Article V Section § 34 (a)'' of the Louisiana Constitution of 1974 which states a grand jury shall consist of twelve members of a community, as peers of an accused, to weigh evidence presented to them to determine whether there is probable cause to charge the person with the offense. Secrecy is also covered, to be stipulated by law. Section §34 (b) provides for a witness's ''right to counsel'' stating, "The legislature may establish by law the terms and conditions under which a witness may have the right to the advice of counsel while testifying before the grand jury." However, since a witness has no "right to counsel" under the United States Constitution, a Constitutional Amendment would be required to implement this language. Historically, a grand jury was empowered to investigate crimes committed within its jurisdiction, identify persons suspected of having committed offenses, determine whether there is probable cause to charge the person with the offense, and publish its findings to the court. This has changed over time, most notably in Article 209 of the 1928 Code stating the grand jury "is to investigate non-capital offenses triable within the parish only when called to their attention by the district attorney or the court," and further removing the ability "to act as a censory body of public morals." This effectively relegated the grand jury as a tool of the prosecutor. The 1950 Revised Statutes made a return to an 1870 provision that "any member of the grand jury is required, under penalty of law, to bring to the attention of his fellow members any violation of the criminal law which may have come to his personal knowledge, or of which he may have been informed." This gives the view that a grand jury could initiate investigations or file charges on its own. Privileges against self-incrimination and the fact that a prosecutor can declare Nolle prosequi provides limitations. Although a grand jury may have the right to subpoena and to have persons and documents called before it, this is almost always limited to evidence and witnesses presented by a prosecutor. A grand jury is considered a jury of accusation and the petit jury as the jury of conviction. A grand jury may be presented with a bill of indictment, before or after a warrant of arrest on an indictable charge, at the discretion of a district attorney. The district attorney then presents evidence and witnesses to prove the charge. A grand jury can return a true bill, no true bill or a third option, "pretermitting entirely the matter investigated". This requires nine of the twelve grand jurors to determine there is not enough evidence presented to determine if a person should or should not be charged with a crime. A grand jury is sometimes referred to as the passive collaborator of a prosecutor or a "
rubber stamp A rubber stamp is an image or pattern that has been carved, molded, laser engraved or vulcanized onto a sheet of rubber. Rubber stamping, also called stamping, is a craft in which some type of ink made of dye or pigment is applied to ru ...
" for an indictment, especially if simple acceptance of the bill of indictment is returned as a "true bill." If a "No True Bill" is presented by a grand jury, the case is usually dropped. If a defendant is incarcerated, unless there are other charges, a prosecutor declares nolle prosequi, resubmits an indictment with new evidence, or brings charges of a lesser crime then, providing there is no gross oversight, the defendant is released. The theory is that if a prosecutor cannot obtain a true bill, presenting the prosecutorial evidence with no defensive rebuttal, then a conviction is not likely. ; Suggestions for improvement A 1979 National Criminal Justice Reference Service (NCJRS) document identifies three steps that could be taken to remove the adversarial role of the grand jury and make them more independent; (1) giving the target of the grand jury investigation the opportunity to testify; (2) making a grand jury subpoena returnable only when the grand jury is sitting and identifying the general subject area of the investigation; and (3) recording all grand jury proceedings (except the jurors' deliberations), making them accessible for pretrial discovery.


Minnesota

Hennepin County, Minnesota Hennepin County ( ) is a county in the U.S. state of Minnesota. Its county seat is Minneapolis, the state's most populous city. The county is named in honor of the 17th-century explorer Father Louis Hennepin. The county extends from Minneapol ...
(which contains
Minneapolis Minneapolis () is the largest city in Minnesota, United States, and the county seat of Hennepin County. The city is abundant in water, with list of lakes in Minneapolis, thirteen lakes, wetlands, the Mississippi River, creeks and waterfalls. ...
) keeps a grand jury impaneled at all times. Each grand jury serves a term of four months, typically meets one day each week, and focuses almost exclusively on homicide cases.


New York

In the State of New York, while a person can initially be charged with a felony via a sworn written accusation alone (a "felony complaint"), the state constitution provides a defendant with a right to have all felonies prosecuted by way of a grand jury indictment. This right can be waived by a defendant, who can then be prosecuted using an indictment substitute called a "superior court information." Grand juries are composed of between 16 and 23 jurors (16 being a quorum for all proceedings) and indictments require a minimum vote of 12 such jurors. Grand juries may produce not only indictments but may direct the filing of misdemeanor charges in local courts, the removal of cases to Family Court, and may also issue "grand jury reports" concerning malfeasance of public officials and recommending their discipline. Both the prosecutor and the grand jury itself have the right to call witnesses to testify before the grand jury. With few exceptions, every witness who testifies before a grand jury receives
transactional immunity Witness immunity from prosecution occurs when a prosecutor grants immunity to a witness in exchange for testimony or production of other evidence. In the United States, the prosecution may grant immunity in one of two forms. Transactional immun ...
automatically, whether they invoke their right to silence or not. If a grand jury is considering criminal charges against a person, that person has a right to testify before that grand jury, provided they make a timely written demand and then agree to waive their right to immunity. Despite this fact, an unwitting target of a grand jury proceeding has no right to be informed that their case is even being considered by a grand jury in the first place, unless they have already been arraigned on a felony complaint charging a related crime and are awaiting a preliminary hearing on that complaint.NY Criminal Procedure Law § 190.50(5)(a). A defendant held in the state may testify to the grand jury.


Virginia

The Commonwealth of Virginia requires that all felonies be presented to a grand jury either directly or, more often, after certification following a preliminary hearing in district court. Commonwealth's attorneys also have the option of obtaining a misdemeanor indictment from a grand jury. Grand juries are a part of the Commonwealth's circuit court system and they meet at the beginning of each court term.


Criticism


Jury makeup

The most persistent criticism of grand juries is that jurors are not a representative sampling of the community, and are not qualified for jury service, in that they do not possess a satisfactory ability to ask pertinent questions, or sufficient understanding of local government and the concept of
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pe ...
. Unlike potential jurors in regular trials, grand jurors are not screened for bias or other improper factors. 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. The prosecutor drafts the charges and decides which witnesses to call.


Limited constitutional rights

The prosecutor is not obliged to present exculpatory evidence in favor of those being investigated before the grand jury. This is because the Supreme Court has held grand juries to be separate from the judicial branch, and therefore not adjudicatory bodies. Four justices dissented to that characterization, stating that the grand jury is "not an autonomous body completely beyond the reach of the other branches," and that the grand jury ought to be subject to the control of courts. Individuals subject to grand jury proceedings ''do not'' have a Sixth Amendment constitutional right to counsel in the grand jury room, nor do they have a Sixth Amendment right to confront and cross-examine witnesses. Additionally, 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. Media coverage is not allowed. Furthermore, all evidence is presented by a prosecutor in a cloak of secrecy, as the prosecutor, grand jurors, and the grand jury stenographer are prohibited from disclosing what happened before the grand jury unless ordered to do so in a judicial proceeding. In 1974 the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
held in '' U.S. v. Calandra'' that "the exclusionary rule in search-and-seizure cases does not apply to grand jury proceedings because the principal objective of the rule is 'to deter future unlawful police conduct,' ... and 'it is unrealistic to assume that application of the rule to grand jury proceedings would significantly further that goal.'" Illegally obtained evidence, therefore, is admissible in grand jury proceedings, and the Fourth Amendment's exclusionary rule does not apply.


Intimidation tactic

After a grand jury was commissioned to investigate whistleblowers organization
WikiLeaks WikiLeaks () is an international non-profit organisation that published news leaks and classified media provided by anonymous sources. Julian Assange, an Australian Internet activist, is generally described as its founder and director and ...
, grand juries have been accused of being used as an intimidation and persecution mechanism against whistleblowers who have been accused of leaking classified information.


Rubber stamp for the prosecution

According to the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
(ABA), the grand jury has come under increasing criticism for being a mere "rubber stamp" for the prosecution without adequate procedural safeguards. Critics argue that the grand jury has largely lost its historic role as an independent bulwark protecting citizens from unfounded accusations by the government. Grand juries provide little protection to accused suspects and are much more useful to prosecutors. Grand juries have such broad subpoena power that they can investigate alleged crimes very thoroughly and often assist the prosecutor in his or her job. Grand juries sometimes compel witnesses to testify without the presence of their attorneys. Evidence uncovered during the grand jury investigation can be used by the prosecutor in a later trial. Grand jurors also often lack the ability and knowledge to judge sophisticated cases and complicated federal laws. This puts them at the mercy of very well trained and experienced federal prosecutors. Grand jurors often hear only the prosecutor's side of the case and are usually persuaded by them. Grand juries almost always indict people on the prosecutor's recommendation. An unnamed
Rochester Rochester may refer to: Places Australia * Rochester, Victoria Canada * Rochester, Alberta United Kingdom *Rochester, Kent ** City of Rochester-upon-Medway (1982–1998), district council area ** History of Rochester, Kent ** HM Prison ...
defense lawyer was quoted in a 1979 newspaper article claiming that a prosecutor could get a grand jury to "indict a ham sandwich", a saying subsequently repeated by the chief judge of New York State's highest court, Sol Wachtler. And William J. Campbell, a former federal district judge in Chicago, noted: " day, 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."


Police incidents

The grand jury system in the United States came under renewed criticism following three high-profile cases in 2014, where police officers killed Michael Brown, Eric Garner, and
Tamir Rice On November 22, 2014, Tamir E. Rice, a 12-year-old African-American boy, was killed in Cleveland, Ohio, by Timothy Loehmann, a 26-year-old white police officer. Rice was carrying a replica toy gun; Loehmann shot him almost immediately upon arri ...
. In all three cases, after being presented the evidence, the grand juries voted not to return indictments. Public perception was that the officers involved had failed to follow proper police procedure. As a result, these grand jury decisions sparked protests across the United States. In 2020, a grand jury returned no charges for the police killing of Breonna Taylor. That result too sparked protests across the United States, especially in
Louisville, Kentucky Louisville ( , , ) is the largest city in the Commonwealth of Kentucky and the 28th most-populous city in the United States. Louisville is the historical seat and, since 2003, the nominal seat of Jefferson County, on the Indiana borde ...
, the city where the incident took place. It also led to criticism of Kentucky Attorney General Daniel Cameron, who supported the result, as well as calls for the grand jury transcript to be released to the public.


Suggested reform of federal grand jury system

Due to the criticism against the federal grand jury system there are some reform proposals which include the following proposals: * Better instructions from judges to jurors about the grand jury's powers and its independence from prosecutors * Increased access to grand jury transcripts for suspects who are eventually indicted * Expanded safeguards against abuse of witnesses, including education about their rights and the presence of their attorneys * Notification of targets of investigations that they are targets * Optional rather than mandatory appearances by targets of investigations * An end to the requirement that prosecutors present defense evidence, and replacement with a requirement that grand jurors be informed that the defense was not represented in the hearing. Besides the above stated reform proposals, the National Association of Criminal Defense Lawyers (NACDL) established ''The Commission to Reform the Federal Grand Jury'', a bi-partisan, blue-ribbon panel that included current and former prosecutors, as well as academics and defense attorneys. The unanimous conclusions and proposals of this diverse group were contained in the publication ''Federal Grand Jury Reform Report & 'Bill of Rights. Among the reforms detailed in that report were the right to counsel for grand jury witnesses who are not receiving immunity, an obligation to present evidence which may exonerate the target or subject of the offense, and the right for targets or subjects to testify. Researchers Erin Crites, Jon Gould and Colleen Shepard of the Center for Justice, Law & Society at George Mason University studied the experiences of prosecutors, defense lawyers, and retired judges in New York and Colorado. Four key reform recommendations emerged from their ''Evaluating Grand Jury Reform in Two States: The Case for Reform'' research study are: #Defense representation in the grand jury room, #production of witness transcripts for the defense, #advance notice for witnesses to appear, and #the presentation of exculpatory evidence to the grand jury. The Cato Institute, an American libertarian
think tank A think tank, or policy institute, is a research institute that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture. Most think tanks are non-governmental ...
headquartered in Washington, D.C., presented a report, ''A Grand Facade: How the Grand Jury was Captured by Government'' which addresses the history of, problems with, and reforms for the grand jury system.


"Runaway" grand jury

Occasionally, grand juries go aggressively beyond the control of the prosecuting attorney. When the grand jury does so the situation is called a "runaway" grand jury. Runaway grand juries sometimes happen in government corruption or
organized crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally tho ...
cases if the grand jury comes to believe that the prosecutor himself has been improperly influenced. Such cases were common in the 19th century but have become infrequent since the 1930s. The 1935 Runaway Grand Jury in
New York County Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. stat ...
was investigating gambling and mobster Dutch Schultz when jury members complained in open court that prosecutors were not pursuing obvious leads and hinted that the district attorney was possibly receiving payoffs.
Thomas E. Dewey Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer, prosecutor, and politician who served as the 47th governor of New York from 1943 to 1954. He was the Republican candidate for president in 1944 and 1948: although ...
was appointed as an independent prosecutor.


In media

In the ''Perry Mason'' episode "The Case of the Fraudulent Foto", Mason's client is a district attorney. When the DA is arrested, Mason substitutes for him in a grand jury investigation. In ''
The Rockford Files ''The Rockford Files'' is an American detective drama television series starring James Garner that aired on the NBC network from September 13, 1974 to January 10, 1980, and remains in syndication. Garner portrays Los Angeles private investigat ...
'' episode "So Help Me God", Rockford is subpoenaed to testify before a grand jury. The episode shows the viewer the shortcomings of the grand jury system, specifically relating to the Fifth Amendment. Scott Turow's second novel '' The Burden of Proof'' deals extensively with the workings and shortcomings of the federal grand jury system in a fictional county in Illinois. Turow is himself a practicing lawyer and acted as an Assistant U.S. Attorney in Chicago between 1978 and 1986.


References


External links


California Grand Jurors' Association
– Contains information specific to California and grand juries in general.

- Provides an indepth history about grand juries in the United States {{Fifth Amendment crimpro, grand, state=expanded