What Is Grand Jury?
A group of citizens that reviews the prosecution's evidence and decides whether there is enough to formally charge someone with a serious crime. Unlike a trial jury, a grand jury meets in secret and only hears from the prosecution.
Quick Answer
A group of citizens that reviews the prosecution's evidence and decides whether there is enough to formally charge someone with a serious crime. Unlike a trial jury, a grand jury meets in secret and only hears from the prosecution.
Full Explanation
A grand jury is a body of citizens — typically 16 to 23 in federal court — that decides whether the government has enough evidence to formally charge a person with a felony. The Fifth Amendment requires a grand jury indictment for federal felony prosecutions. About half the states also require grand jury indictments for serious crimes; others allow prosecutors to file charges directly through a document called an information.
Grand jury proceedings are fundamentally different from trial. The proceedings are secret — grand jurors are sworn to secrecy and proceedings are not open to the public. The prosecutor controls what evidence is presented; the defendant has no right to appear or present a defense. The rules of evidence are relaxed — hearsay and other evidence inadmissible at trial can be presented. Grand jurors can also subpoena witnesses and documents independently.
The grand jury's job is not to decide guilt — that is the trial jury's function. It decides only whether there is probable cause — a reasonable basis to believe the defendant committed the crime. The standard is much lower than proof beyond a reasonable doubt.
If the grand jury agrees that the evidence is sufficient, it issues an 'indictment' (sometimes called a 'true bill'). If not, it issues a 'no bill,' and the charges are dropped — though the prosecutor can generally present new evidence to a new grand jury.
Grand juries are famous for their deference to prosecutors — the saying goes that a prosecutor could 'indict a ham sandwich' if they wanted to.
Real-World Example
In 2014, a grand jury in Ferguson, Missouri declined to indict police officer Darren Wilson in the shooting death of Michael Brown. The decision sparked widespread protests and debate about how grand jury proceedings are structured and whether prosecutors have too much control over the process.
In the Watergate scandal, a federal grand jury named President Nixon as an 'unindicted co-conspirator' — it concluded there was evidence of his involvement but chose not to formally indict a sitting president.
Why It Matters for Law Students
The grand jury is a constitutional institution that appears in criminal procedure, constitutional law, and federal courts courses. Understanding the difference between a grand jury and a trial jury — and how the secrecy and one-sidedness of grand jury proceedings affects the fairness of criminal prosecution — is essential for criminal law practice.