What is a grand jury?
A grand jury is a body of citizens who are legally empowered to investigate potential criminal conduct. At the federal level (and in many states) prosecutors use grand juries to determine whether an individual should be indicted for crimes. In other words, a grand jury is impaneled to determine whether the state can formally accuse someone of a crime/many crimes. Grand jurors can also compel witnesses to appear before them and can compel the production of documents.
Prosecutors sometimes use grand juries to issue subpoenas on people or entities to produce testimony or documents. This essentially compels the subpoenaed party to produce certain evidence, or be held in contempt.
Using a grand jury to obtain documents or testimony has some advantage over law enforcement, since law enforcement needs a warrant to carry out a search and seizure. Under certain circumstances witnesses who are compelled to testify may be able to invoke their Fifth Amendment right to remain silent. However, they will not be able to discuss this with their defense counsel during the proceeding.
Grand jurors do not decide whether someone is guilty or not guilty. That will be decided at a later time, in front of a different jury at trial. Grand jurors also do not interact with a judge, other than being sworn in.
How many people serve on a grand jury?
The number can differ from district and states. Typically, 16-23 people are selected to serve as jurors. Of those, usually 16 or so are needed to form a quorum, which is the minimum number to decide whether to vote on an indictment. Generally, a least 12 jurors need to vote to bring an indictment. That said, this can vary from place to place.
How are grand juries typically selected?
Potential jurors are selected through a summons in the mail, which compels them to appear before the court. Potential jurors usually have the option of serving of deferring. Some may be excused from serving for hardship, such as lost wages that could cause homelessness or a medical condition.
How long is grand jury service?
Typically, service on a grand jury lasts 5 weeks. However, in some instances, a grand jury may be compelled to serve for months at a time.
What are a juror's obligations?
The grand jury process is very secret. One reason it is secret is to protect witnesses from retribution or harm before a criminal is apprehended. In that vein, grand jurors are instructed to keep the proceedings absolutely secret. They are compelled to not discuss the case or evidence with anyone, other than with other jurors during deliberations.
Because the process is secret, the accused does not have a right to present evidence of his or her defense, or even be informed of the proceedings. No defense attorney is present at the proceedings.
How does a grand jury decide whether to bring an indictment?
Typically, the prosecutors present evidence. This can be witness testimony, documents, or other tangible evidence. The jurors sit and take notes about the evidence. Sometimes, this process takes weeks or months. Once the jurors hear the evidence, they are read the proposed charges. They then deliberate among themselves as to whether there is enough evidence for an indictment.
A grand jury is instructed to return an indictment if the probable cause standard has been met. Probable cause occurs when there allegations are "supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true."
Probable cause is considered the lowest legal burden in the US justice system.
