Grand Juries
Indictment and Investigation
A grand jury's primary function is to listen to the evidence presented by the prosecutor and decide if someone should be indicted for a crime. The Fifth Amendment of the United States Constitution provides that all federal felony criminal charges must be brought by a grand jury indictment. About half the states use grand juries. The grand jury also has broad power to investigate crimes. Some states permit grand juries to investigate corruption, organized crime, and the alleged misconduct of public officials. An investigative grand jury has the power to subpoena witnesses.
Selection of Grand Jurors
A pool of potential jurors is selected from voter lists and drivers license lists. Persons selected from this jury pool serve as the jury panel in civil or criminal trials. Members of the grand jury (known as grand jurors) are also selected from this jury pool. There is no voir dire or questioning of grand jurors to evaluate whether they are biased. Grand jurors take an oath to faithfully perform their duties. State grand jury terms are usually for up to one year although the grand jury does not sit every day. Federal grand juries sit for a term of 18 months.
Grand Jury Proceedings Are Secret
Under court rules, grand jury proceedings are secret. The prosecutor, grand jurors, and the stenographer cannot reveal any information regarding what occurred in the grand jury room. Secrecy is maintained to prevent potential defendants from fleeing and to protect the grand jurors from undue pressure. Secrecy also encourages witnesses to testify without fear. However, witnesses before the grand jury are free to disclose their testimony.
Subpoenaing of Grand Jury Witnesses
The prosecutor can obtain a subpoena to force a person to testify before the grand jury. The person must answer questions posed by the prosecutor unless the person can claim a privilege that allows a refusal to answer. Some common privileges are spousal privilege, the attorney-client privilege, and the privilege against self-incrimination.
Immunity of Grand Jury Witnesses
The prosecutor can grant a witness immunity from prosecution in return for the testimony of the witness. The prosecutor cannot use immunized testimony against the witness.
Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.
