Scribd Logo
Upload

Welcome to Scribd!

  • Hand Out 11 Grand Jury 2

    Uploaded by

    anushka Singh
    8 views2 pages
    The grand jury plays an important role in deciding whether to bring criminal charges against a potential defendant for serious felonies. A grand jury consists of 16 to 23 people who work with a prosecutor to gather evidence and hear testimony, and can issue an indictment with a supermajority vote of 2/3 or 3/4 agreement depending on jurisdiction. Grand jury proceedings are more relaxed than trials, as they are closed to the public and involve only jurors and the prosecutor collecting evidence without strict rules of evidence. They serve to protect defendants from unfounded accusations and allow witnesses to speak freely.

    Original Description:

    Copyright

    © © All Rights Reserved

    Available Formats

    RTF, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The grand jury plays an important role in deciding whether to bring criminal charges against a potential defendant for serious felonies. A grand jury consists of 16 to 23 people who work with a prosecutor to gather evidence and hear testimony, and can issue an indictment with a supermajority vote of 2/3 or 3/4 agreement depending on jurisdiction. Grand jury proceedings are more relaxed than trials, as they are closed to the public and involve only jurors and the prosecutor collecting evidence without strict rules of evidence. They serve to protect defendants from unfounded accusations and allow witnesses to speak freely.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as rtf, pdf, or txt
    8 views2 pages

    Hand Out 11 Grand Jury 2

    Uploaded by

    anushka Singh
    The grand jury plays an important role in deciding whether to bring criminal charges against a potential defendant for serious felonies. A grand jury consists of 16 to 23 people who work with a prosecutor to gather evidence and hear testimony, and can issue an indictment with a supermajority vote of 2/3 or 3/4 agreement depending on jurisdiction. Grand jury proceedings are more relaxed than trials, as they are closed to the public and involve only jurors and the prosecutor collecting evidence without strict rules of evidence. They serve to protect defendants from unfounded accusations and allow witnesses to speak freely.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as rtf, pdf, or txt
    of 2

    The grand jury plays an important role in the criminal process, but not one that

    involves a finding of guilt or punishment of a party. Instead, a prosecutor will work


    with a grand jury to decide whether to bring criminal charges or
    an indictment against a potential defendant -- usually reserved for serious felonies.
    Grand jury members may be called for jury duty for months at a time, but need
    only appear in court for a few days out of every month. Regular court trial juries
    are usually 6 or 12 people, but in the federal system, a grand jury can be 16 to 23
    people.
    Grand juries are tools used as part of criminal procedure to bring an indictment
    against a defendant. However, they're not always required and in some cases not
    even used. So how does a grand jury work? Read on to learn more.
    How Does a Grand Jury Differ from a Preliminary Hearing?
    While all states have provisions in their laws that allow for grand juries, roughly
    half of the states don't use them. Courts often use preliminary hearings prior to
    criminal trials which are adversarial in nature. As with grand juries, preliminary
    hearings are meant to determine whether there is enough evidence, or probable
    cause, to indict a criminal suspect.
    Unlike a grand jury, a preliminary hearing is usually open to the public and
    involves lawyers on both sides and a judge (not so with grand juries which only
    involve the jurors and the prosecutor). Sometimes, a preliminary hearing precedes
    a grand jury. One of the biggest differences between the two is the requirement that
    a defendant request a preliminary hearing, although the court may decline a
    request.
    Grand Jury Proceedings
    How a grand jury works is much more relaxed than normal court room
    proceedings. There is no judge present and frequently there are no lawyers except
    for the prosecutor. The prosecutor will explain the law to the jury and work with
    them to gather evidence and hear testimony. Under normal courtroom rules
    of evidence, exhibits and other testimony must adhere to strict rules before
    admission. However, a grand jury has broad power to see and hear almost anything
    they would like.
    However, unlike the vast majority of trials, grand jury proceedings are kept in strict
    confidence. This serves two purposes:
    1. It encourages witnesses to speak freely and without fear of retaliation.
    2. It protects the potential defendant's reputation in case the jury does not
    decide to indict.
    The Grand Jury's Decision and a Prosecutor's Discretion
    Grand juries do not need a unanimous decision from all members to indict, but it
    does need a supermajority of 2/3 or 3/4 agreement for an indictment (depending on
    the jurisdiction). Even though a grand jury may not choose to indict, a prosecutor
    may still bring the defendant to trial if she thinks she has a strong enough case.
    However, the grand jury proceedings are often a valuable test run for prosecutors
    in making the decision to bring the case.
    If the grand jury chooses to indict, the trial will most likely begin faster. Without a
    grand jury indictment, the prosecutor has to demonstrate to the trial judge that she
    has enough evidence to continue with the case. However, with a grand jury
    indictment, the prosecutor can skip that step and proceed directly to trial.

    You might also like