Grand Jury
What does "Grand Jury" mean in law?
A grand jury is a body of citizens (typically 16 to 23 members) convened to determine whether there is probable cause to believe a crime has been committed and that the accused committed it, resulting in the issuance of an indictment. The Fifth Amendment requires a grand jury indictment for all federal capital and infamous crimes, though this provision has not been incorporated against the states (Hurtado v. California, 1884), so many states use a preliminary hearing or prosecutorial information instead. Grand jury proceedings are conducted in secret, are non-adversarial (the defense has no right to present evidence or cross-examine witnesses), and the rules of evidence do not apply. The grand jury possesses broad investigatory powers, including the ability to issue subpoenas for documents and testimony, and witnesses generally have no right to counsel inside the grand jury room, though they may consult with an attorney outside.
Definition
A grand jury is a body of citizens (typically 16 to 23 members) convened to determine whether there is probable cause to believe a crime has been committed and that the accused committed it, resulting in the issuance of an indictment. The Fifth Amendment requires a grand jury indictment for all federal capital and infamous crimes, though this provision has not been incorporated against the states (Hurtado v. California, 1884), so many states use a preliminary hearing or prosecutorial information instead. Grand jury proceedings are conducted in secret, are non-adversarial (the defense has no right to present evidence or cross-examine witnesses), and the rules of evidence do not apply. The grand jury possesses broad investigatory powers, including the ability to issue subpoenas for documents and testimony, and witnesses generally have no right to counsel inside the grand jury room, though they may consult with an attorney outside.
Example
The federal grand jury heard testimony from three witnesses and reviewed financial records before returning a 12-count indictment for wire fraud, and the defendant's motion to dismiss based on the prosecutor's failure to present exculpatory evidence was denied because prosecutors have no obligation to present such evidence to the grand jury.