A grand jury determines if there is enough evidence for a trial. It originated in medieval England as the lead prosecutor in a trial. In the US, it is used in serious cases and can investigate on its own. Its role is to examine evidence and investigate, often used for organized crime or government corruption.
A grand jury is a specially appointed body that determines whether a prosecutor has gathered enough evidence to warrant a trial in a particular case. Used only in special cases, the grand jury serves as a conduit through which reasonable cases pass into the traditional trial system. The grand jury’s role is to determine whether evidence gathered by a district, state, or federal attorney creates a justifiable basis for an indictment. Although once used throughout the UK and parts of Europe, modern grand juries exist mainly in the United States.
The origin of this type of jury dates back to medieval times, although the role of the grand jury in those days was quite distinct. Beginning in the 12th century in England, a grand jury served as the lead prosecutor in a trial. Because judges were itinerant and not always familiar with the area, they relied on a local jury to present cases when they visited a region. Fourteenth-century laws updated this procedure by dividing the role of the grand jury between two separate bodies: a grand jury that served as accusers and a small jury that determined guilt or innocence. It was in this system that the modern role of the grand jury developed, as the prosecution jury began to function as a pretrial body examining evidence presented by representatives of the crown, rather than making charges of its own motion.
Though now abandoned in much of Europe and today’s UK, the grand jury plays an important role in the US justice system. In some cases, grand juries may be mandated by federal, state, and even regional courts. Very often, grand juries are jailed before felony charges can be brought, in recognition that felony charges are of an extremely serious nature and require due diligence to ensure they are not used lightly or wrongfully.
The role of a grand jury can be divided into distinct categories: examining evidence and investigating. Many juries act in an examining role, reviewing evidence presented by the prosecutor in order to determine if and what charges should be brought. Some grand juries, often referred to as “special” grand juries, may also investigate a situation on their own, including summoning witnesses and subpoenaing confidential documents. Special juries are often used to investigate possible organized criminal activity, but they can also be used to look into the possibility of political or government corruption.
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