Grand Juries and Criminal Prosecutions

Overview

Grand juries play a crucial role in the criminal justice system, serving as a safeguard against arbitrary or malicious prosecutions. They are legal bodies composed of laypeople (ordinary citizens) who have the authority to determine whether there is sufficient evidence against an accused person to proceed with a trial.

Process

In many jurisdictions, criminal proceedings generally begin with either a preliminary hearing or a grand jury review. However, in New York City, most cases bypass the preliminary hearing and go directly to a grand jury. In other settings, such as the federal system and certain states, prosecutors have the option of initiating criminal cases directly through a grand jury without a preliminary hearing. Grand jury members typically serve for several months at a time and are responsible for examining evidence, hearing testimony from witnesses, and deliberating on whether the evidence warrants an indictment (formal charges) against an accused individual. Their decision must be based solely on the evidence presented and their understanding of the law.

Role and Significance

Generally, grand juries have three possible outcomes: 1. True bill: The grand jury believes there is sufficient evidence to support an indictment and recommends that the accused be tried. 2. No bill: The grand jury does not believe there is sufficient evidence to support an indictment and recommends that the case be dismissed. 3. Hung jury: The grand jury cannot reach a unanimous decision and the case is typically dismissed.

Conclusion

Grand juries serve as an important check and balance within the criminal justice system. They protect individuals from facing baseless or unjustified prosecution by ensuring that there is a reasonable basis to believe that a crime has been committed before a trial is commenced. Their role is crucial in upholding due process and ensuring that the rights of both accused individuals and society are protected.