Grand Juries: Understanding the Legal Body's Role in Determining Probable Cause
The Composition and Function of Grand Juries
A grand jury is an essential legal body that plays a crucial role in the criminal justice system. It consists of a group of laypeople, typically ranging from 16 to 23 individuals, who are tasked with determining whether there is sufficient evidence to indict a person for a crime. Grand jurors serve up to 18 months, with the potential to serve for up to 24 months in specific circumstances.
1. Responsibilities and Process
The primary responsibility of a grand jury is to review evidence and witness testimony presented by the prosecution to determine if there is probable cause to believe that a crime was committed. If they believe there is enough evidence, they issue an indictment, which正式 charges the individual with a crime.
2. Differences from Regular Trial Juries
Grand juries differ from regular trial juries in several key aspects. Regular trial juries consist of six to 12 people and are responsible for determining guilt or innocence after a trial. In contrast, grand juries make decisions based on the evidence presented during a relatively brief proceeding and do not determine guilt or innocence.
3. Initiation of Criminal Cases
In the federal system and certain states, prosecutors can initiate a criminal case against someone using a grand jury. This process, known as an indictment, can be used in cases where the prosecutor believes there is strong evidence against the individual but needs additional evidence to proceed with a regular trial.
4. Grand Jury Secrecy
Grand jury proceedings are typically held in secret, meaning that only the grand jurors and prosecution team are present. This secrecy helps protect the integrity of the investigation and prevents potential witnesses from being intimidated or influenced.
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