Grand Juries: A Closer Look
Understanding the Role of Grand Juries
Grand juries play a crucial role in the United States legal system. They are comprised of laypeople who determine whether there is sufficient evidence to indict a person for a crime. Unlike regular trial juries, which consist of six or 12 people, grand juries range from 16 to 23 members.
Composition and Procedures
Rule 6 of the Federal Rules of Criminal Procedure governs grand juries. It requires that they be composed of 16 to 23 members, and that 12 or more members must concur to indict. The members of a grand jury serve for a term of up to 18 months, but can serve for up to 24 months if an extension is granted.
Grand juries operate under the supervision of a federal judge. They review evidence presented by the prosecution and hear testimony from witnesses. The proceedings are typically closed to the public, and the jurors are sworn to secrecy.
Indictments and Other Functions
If the grand jury finds that there is sufficient evidence to support an indictment, it will issue a true bill. If it does not find sufficient evidence, it will issue a no bill. In addition to issuing indictments, grand juries can also issue presentments, which are public reports that express concerns about criminal activity or misconduct.
Importance and Effectiveness
Grand juries are important because they help to protect individuals from being charged with crimes without probable cause. They also help to ensure that the government does not abuse its power by prosecuting people for political or other improper reasons.
There have been concerns raised about the effectiveness of grand juries, particularly in cases involving police misconduct. Critics argue that grand juries are too often reluctant to indict police officers, even when there is clear evidence of wrongdoing. However, others argue that grand juries are necessary to protect law enforcement officers from frivolous lawsuits and to ensure that they are not subjected to public trial without proper evidence.
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