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What Is A Grand Jury In The US

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6 July, 2023

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You might be wondering what a grand jury is who tends to be present in court hearings. We are sure that you might not have known the various names that are provided to juries who are present in a court trial. 

In this article, we will discuss the meaning of grand jury and their use, along with the selection process in a court hearing. 

What Is A Grand Jury?

When it comes to the inner workings of the criminal justice system, few things remain as mysterious and intriguing as the grand jury. It’s like a hidden chapter in a legal thriller, shrouded in secrecy and occasionally summoned to make life-altering decisions. But what exactly is a grand jury? Let’s embark on a journey to unveil this enigmatic legal entity.

Meet the Grand Jury

A grand jury is not your typical jury with 12 citizens sitting in judgment of a defendant’s guilt or innocence. There’s this cool club of people (usually around 16 to 23 members) that investigate possible criminal stuff. It’s like their secret mission. Think of them as detectives with the power to uncover the truth.

Behind Closed Doors

One of the intriguing aspects of the grand jury is its secrecy. The proceedings are not open to the public or the accused. The secretiveness helps keep the investigation genuine and protects everyone’s privacy. The jurors, prosecutors, and witnesses operate behind closed doors, free from the prying eyes of the media and the curious onlookers.

Their Role in the Legal Drama

So, what exactly do these clandestine detectives do? The grand jury’s primary role is to determine whether there’s enough evidence to bring criminal charges against a person. They listen to evidence presented by the prosecution and witnesses, and they can also request documents, and testimony, or even launch their own inquiries.

The Grand Jury’s Verdict

Once they’ve sifted through all the evidence and heard from witnesses, this makes a crucial decision. If they think they have enough proof to charge someone with a crime, they make an “indictment.”An indictment is like a legal permission slip that allows the prosecution to move forward with a trial.

But if the grand jury finds the evidence lacking, they can choose not to indict. In this case, the accused gets a get-out-of-jail-free card (at least temporarily) and avoids facing a trial.

The Pros and Cons of Grand Juries

This system has its critics and its supporters. On one hand, it can serve as a safeguard against baseless or politically motivated prosecutions. On the other, some argue that the secrecy and lack of cross-examination in grand jury proceedings can lead to potential bias or miscarriages of justice.

How Does A Grand Jury Protect Us?

In the realm of justice, there are unsung heroes who work behind the scenes, and one such hero is the grand jury. You might wonder, how does a group of citizens sitting in a room protect us? Well, let’s unravel the mystery and explore how this acts as a safeguard to protect our rights and ensure justice prevails.

Preventing Unfounded Prosecutions

The Jury acts as a buffer, requiring a group of impartial citizens to review the evidence and determine if there’s enough substance to justify a trial. In doing so, they prevent the abuse of prosecutorial power.

Shielding Us from Unjust Accusations

A grand jury plays a crucial role in safeguarding individuals from false accusations and public trials. It’s reassuring to know that such an important system exists to protect our rights. Their closed-door proceedings offer a level of privacy that’s vital to protect the reputations and rights of those under investigation. This safeguard helps ensure that only cases with reasonable cause move forward, preserving the presumption of innocence until proven guilty.

Ensuring Accountability

This is not just a tool to shield individuals; it also serves as a check on government authority. It investigates allegations of wrongdoing by public officials, whether it’s police misconduct, government corruption, or any other abuse of power. This role helps maintain transparency and holds those in positions of authority accountable for their actions.

The People’s Voice

The grand jury is made up of regular people from the community. It’s their opportunity to have a say in the criminal justice process. By providing an independent and impartial review of cases, this jury represents the voice of the people in the legal system. The cool thing about them is that they don’t let the government have all the power when it comes to justice. Instead, the community gets a say too!

Preventing Hasty Prosecutions

This acts as a safety valve, preventing hasty and ill-considered prosecutions. They thoroughly review evidence, request witnesses, and delve into the details before deciding whether a case should proceed to trial. This deliberative process helps avoid rushing into prosecutions based on incomplete or biased information.

A Defender of Our Rights

In a world where the line between justice and injustice can sometimes blur, the grand jury is an essential defender of our rights. It upholds the principles of fairness, accountability, and due process in the criminal justice system. By carefully weighing the evidence, this ensures that our legal system remains a beacon of justice rather than a vehicle for unchecked power.

Grand Jury Vs Jury: Difference

There are various major differences that are associated between a grand jury and a jury. 

The first major difference is that a grand jury is only present in criminal proceedings and cannot be seen within civil hearings. 

On the other hand, a jury, also known as a petit jury, can be present for both civil and criminal proceedings. 

Another difference between a petit jury and a grand jury is their responsibility.

This means it does not provide any verdict on whether the defendant of a criminal case is guilty or innocent. This is because they are only responsible for determining whether there is probable cause for the defendant to have committed the crime. 

On the other hand, a petit jury is known to provide verdicts to the case they are hearing. Within a civil case, it might be determining the findings for the plaintiff or defendant. And in criminal cases, it can involve providing a verdict on whether the defendant is innocent or guilty. 

Further, it has also been observed that if they find that there is probable cause for a crime, they provide a written statement of the charges. 

This written statement of charges is termed an ‘indictment.’ These are the charges that are pressed against a defendant in a criminal case. 

When Is A Grand Jury Used?

A grand jury is a vital aspect of the investigation of federal felonies. This is especially applicable for white collar criminal matters. 

The main two functions are: 

  1. Investigation of the crime.  
  2. Protection of citizens against unsubstantiated criminal prosecutions. 

Additionally, a grand jury is also used in cases that solely deal with criminal laws. This is because it only precedes in a criminal trial. 

Final Thoughts

Now you have a fair idea regarding the role and responsibility of a grand jury in the court.

Hope you have found this article useful in effectively determining the concept of grand jury within the judicial system of the United States.

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Jyoti Jha is a freelance SEO content writer for tech , health, and education-related content. With 5 years of experience in the industry, I am creating high-quality content that captivates readers and delivers value.

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