A Comprehensive Guide to Grand Juries: Role, Function, and Exceptions
What is a Grand Jury?
A grand jury is a legal body composed of ordinary citizens (laypeople) who are tasked with evaluating evidence and determining whether there is sufficient probable cause to bring criminal charges against a person or entity.
Scope and Function
Grand juries play a vital role in the criminal justice system by:
- Investigating alleged crimes and gathering evidence
- Determining if there is enough evidence to charge a suspect with a crime
- Issuing indictments or written accusations based on their findings
Waiver and Exceptions
In certain cases, a person may waive their right to a grand jury proceeding and consent to being prosecuted based on a written accusation called an information. However, grand juries remain a fundamental component of the criminal justice system in the United States.
Composition and Selection
Grand juries typically consist of 12 to 23 individuals who are randomly selected from the community. They are sworn to secrecy and operate independently from the prosecution and the defense.
Role in the Trial Process
Unlike trial juries, grand juries do not determine guilt or innocence. Their role is to assess the evidence and decide whether there is enough probable cause to proceed with criminal charges. If an indictment is issued, the case will then move on to a trial, where a different jury will determine the defendant's guilt or innocence beyond a reasonable doubt.
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