Grand Juries: A Legal Overview

Introduction

A grand jury is a legal body comprised of laypeople that determines whether there is enough evidence to bring criminal charges against an individual or entity. Typically ranging in size from 12 to 23 individuals, grand juries evaluate accusations presented by a prosecutor and assess the evidence to determine whether there is probable cause to believe that a crime has been committed.

Key Responsibilities

Grand juries focus exclusively on preliminary criminal matters. They do not conduct trials or determine guilt or innocence. Instead, their primary responsibility is to determine whether there is sufficient evidence to warrant further legal proceedings.

Composition

The composition of a grand jury varies depending on the jurisdiction. In the federal system, a grand jury typically consists of 16 to 23 people. In some states, the number can range from 6 to 12. The court may order additional grand juries to be summoned if the public interest requires it.

Procedure

Grand juries operate under secrecy, meaning that their proceedings are not open to the public. The prosecutor presents evidence to the grand jury, while the accused individual or their attorney is not present. The grand jury deliberates and votes on whether to issue an indictment, which is a formal accusation that authorizes criminal prosecution.

Decision-Making

In most jurisdictions, a grand jury must have at least 12 members present to issue an indictment. The indictment must be supported by probable cause, meaning that there is a reasonable belief that a crime has been committed by the accused individual or entity.

Southern District Of Indiana

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