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Introduction to the Grand Jury

Learn about the role and functions of a grand jury and the legal procedures involved in indicting criminal charges. Explore the powers of a grand jury, witness testimonies, and the importance of secrecy in the investigative process.

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Introduction to the Grand Jury

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  1. Introduction to the Grand Jury ACG 6935/4939

  2. What in the world is a Grand Jury

  3. A Grand Jury is…... • Group of Ordinary Citizens • Consists of 16 to 23 people • Their purpose is review evidence of suspected criminality and • to decide whether criminal charges are warranted • Grand Jury Review required in the 5th Amendment

  4. Functions of a Grand Jury 1. Investigatory 2. Screening

  5. Investigatory Function • Gather evidence • Summon witnesses • Compelling production of tangible evidence. • Can initiate an investigation on mere suspicion that the law is being violated.

  6. Screening Process • An Independent Voice • Reviews the Evidence • Grand Jurors decide whether to return a “True Bill” or a “No True Bill” • “True Bill” = indictment which is the formal charging of a crime.

  7. ChargingInstruments Indictment by a Grand Jury Criminal Complaint Information < 20 Days Guilty Plea Probable Cause Hearing < 30 Days Dismissal Arrest

  8. Standards of Proof • Probable Cause • Prima Facie • Preponderance of the Evidence • Clear and Convincing Evidence • Beyond a Reasonable Doubt

  9. Grand Jury Powers • Subpoena Power • Holds people in contempt of court if they don’t comply • Testimony given under oath • Subpoena is not issued pursuant to a level of judicial proof. (Exception: the subpoena is too sweeping to be considered reasonable)

  10. Immunity • Can gain the testimony of a witnesses who fear prosecution for their part in a crime. • Transactional Immunity • Use/Derivative Use Immunity (Kastigar v. US (S. Ct. 1972)

  11. 5th Amendment The Right Against Self-Incrimination

  12. Does the Fifth Amendment Apply to ….. • Testimony? • Fingerprints? • DNA? • Hair Samples? • Blood Samples? • Handwriting? • Perjury?

  13. Rights & Procedures

  14. Who Can Be Present in the Grand Jury Room? • Prosecutor? • Judge? • Agents? • Defense Attorney? • Target of the Investigation? • Stenographer? • Judge?

  15. Prosecutor • Asks questions of the witnesses • Explains the elements of the offense • In some jurisdictions, can offer his/her opinion on the sufficiency of the evidence

  16. Witness • Has to give truthful testimony • Can plead 5th amendment right • Questioned by prosecutor and grand jurors if they so choose • Can use hearsay testimony

  17. Defendant • Can be subpoenaed to the Grand Jury • Can assert 5th amendment right • His lawyer can not be present in the grand jury room • Can have attorney outside the room

  18. Grand Jurors • Listen to Testimony • Determine the validity of the evidence • Can demand witnesses to appear • Can Expand the investigation • Can use personal experiences to decide guilt or innocence

  19. The Grand Jury is Secret • Prevent interference by potential defendants • Protect an innocent person’s reputation • Encourage uninhibited disclosure • freedom to consider the case without fear of public pressure or influence • To prevent escape of potential defendants

  20. Who is Bound by the Secrecy Requirement? • Prosecutor? • Witnesses? • Agents? • Stenographer? • Grand Jurors? • Defendants?

  21. Rule 6(e) • Allows disclosure of grand jury evidence. • Disclosure to further the investigation. • Allow other members of the prosecutorial team to view the same evidence.

  22. Challenges to Grand Jury Evidence • Costello v. United States • Court ruled against Costello • The court characterized the grand jury as “a body of laymen, free from technical rules” • Grand Juries are allowed to hear evidence that would be inadmissible at trial. • GJ protects only the factual innocent from having to stand trial

  23. Challenges to Grand Jury Evidence (Cont.) • United States v. Calandra • Supreme Court refused to extend the exclusionary rule to the Grand Jury • Allows illegally obtained evidence to be presented to the grand jury. • Suppression issues prior to indictment

  24. Secrecy Separation of Duties Internal Controls Independence Review by Peers Allows Free Expression Lack of Legal Training Too much power for the prosecutor No chance for cross examination One sided Evidence admitted that can’t be used at trial Lack of Legal Training Advantages/ Disadvantages of a Grand Jury

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