A grand jury determines whether to issue an indictment based on probable cause or sufficient evidence. The jury consists of citizens and meets for a longer period than trial juries. The process is secretive to ensure honest testimony. Once evidence is presented, the jury deliberates and votes on issuing an indictment. The grand jury originated in feudal England and is now only used in the United States for federal crimes.
A grand jury is made up of a group of individuals whose primary purpose is to determine whether to issue an indictment against an individual. This process of determining whether or not to issue an indictment is commonly known as a grand jury investigation. During a grand jury investigation, the grand jury does not make any decisions or conclusions about an individual’s guilt or innocence. It only determines whether there is probable cause or sufficient evidence to suggest that an individual may have committed a crime.
Juries are often selected from a similar pool of citizens as trial juries, also known as petit juries, although juries usually consist of more members and typically meet for a longer period of time than trial juries . A grand jury investigation usually consists of the prosecuting attorney presenting evidence and questioning witnesses in an attempt to make a case for the grand jury that an indictment should be issued. Jury members can also ask questions of witnesses. One of the hallmarks of the grand jury trial is secrecy; during the questioning of witnesses, the suspect and his lawyer are usually not present. This is to ensure that witnesses feel free to give honest and open testimony, without fear of retaliation.
Once all the evidence has been presented and all witnesses have been questioned, the investigation enters the deliberation process. No one except members of the grand jury may be present during the deliberations. Once the deliberations are complete, the jury members vote on whether or not they believe there is sufficient evidence to justify an indictment. In most court systems that use the grand jury system, the decision of the members need not be unanimous, but a minimum number of votes is usually required to issue an indictment.
The origins of the grand jury can be found in feudal England, where the first grand juries consisted of knights called to investigate alleged crimes in their communities. Grand juries were specifically mentioned in England’s Magna Carta of 1215. Over time the concept of a grand jury investigation has evolved from trying to determine who may have committed a crime, to deciding whether there was enough evidence to charge someone with a crime. crime. The grand jury was therefore seen as a way to protect the defendant’s rights from unwarranted prosecution by an overzealous prosecutor.
While the idea of grand juries originated in England, a grand jury investigation is typically only used today in the United States. The use of a grand jury is specifically mentioned in the United States Constitution and is required in any case where a person is being investigated for a federal or national crime punishable by imprisonment for more than one year. While a federal grand jury investigation is required, only about half of the states in the United States use grand juries.
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