A grand jury is taken from the normal jury pool but perform a very different purpose than a trial jury. A grand jury may do things like investigate criminal conduct, conduct legal proceedings, and determine whether the prosecutor will bring criminal charges. The court does not preside over a grand jury.
The grand jury has extra powers like issuing subpoenas for witness testimony or physical evidence. They can hear sworn testimonies, review documents and evidence, and determine whether there is enough probable cause to take the case to trial.
A grand jury has between 16 and 23 members, all of whom are US citizens.
Grand Jury vs. Trial Jury
The trial jury and grand jury are chosen from the same pool of jurors. But the grand jury is separate from the court, and their decisions are not binding on the court. The purpose of the grand jury is to help the prosecutor determine if there is enough reason to believe a crime has been committed. The purpose of a trial jury is to decide if the defendant in a criminal case is guilty or not guilty.
A grand jury may serve for a longer period than a trial jury. The trial jury will serve for the duration of the criminal case they are working on. The grand jury will sit for months or years, but they will not be needed every day. Grand jurors tend to be people who have lifestyles or schedules that will allow them to meet the needs of the grand jury duty.
Grand Jury Indictment vs. Preliminary Hearing
The District Attorney initiates both preliminary hearings and grand jury indictments. In both cases, the prosecutor presents evidence to see if there is enough probable cause to take the case to a criminal trial. It is the procedure that differs between preliminary hearings and grand jury indictments.
What Happens At a Grand Jury Indictment?
A grand jury procedure is a confidential procedure with very few people allowed in the room:
- Court reporter
- Jurors
- Prosecutor
There are no court personnel like jurors and court clerks. The foreperson of the grand jury presides over the hearing. Another member of the grand jury will keep track of evidence, call witnesses, and other duties that a court clerk would normally perform.
No one else can be at the hearing, including lawyers. There is no examination because the prosecutor is the only lawyer at the hearing.
Grand Jury’s Duty of Secrecy
One of the main reasons people do not know much about grand juries is because they are very secretive. Secrecy is important to the functions of a grand jury for the following reasons:
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- To ensure the grand jury has complete freedom to deliberate without outside influence or worry about judgement for their decisions.
- To prevent the person being prosecuted from escaping.
- To protect the defendant’s innocence if they are exonerated and to prevent them from having to pay for a trial if there is little evidence to show they are guilty.
- To encourage witnesses to give their testimony truthfully and freely.
- To prevent any witness tampering or perjury
What Evidence Can a Grand Jury Examine?
The prosecutor must first explain the law that the charges are based upon. The prosecutor will also help the grand jury to seek any evidence and testimony they need to make a decision.
In order to collect the evidence they need, the grand jury can issue subpoenas for physical evidence or witness testimony. The rules around evidence presented in a grand jury indictment are more relaxed, so the grand jury can examine evidence that would not normally be allowed in a trial.
In some states, the prosecutor does not need to present the grand jury with evidence that may support the defendant’s innocence. California law allows the grand jury to compel the prosecutor to provide any evidence they have of the defendant’s innocence.
Grand Jury Decisions
The grand jury decisions will give the prosecutor an indication of whether they have enough evidence to take the case to trial. The grand jury will take a vote on each of the proposed charges, and the majority decision will be final. If the majority decides that there is enough evidence to establish probable cause, the case will proceed to trial. The amount to create a majority vote is different in each state.
Indictment Rates For Grand Juries
The grand jury will rule for indictment in the majority of cases, approximately 95% of the time. It is believed that this is because the prosecutor is the only lawyer present at the grand jury indictment and has a heavy influence in the proceedings.
Some states allow the prosecutor to proceed with a preliminary hearing even if the grand jury does not indict the defendant.
What Happens At a Preliminary Hearing?
A preliminary hearing is held in court, and a judge presides over the hearing, so it is very different to a grand jury indictment. The accused has legal counsel to protect their rights and cross-examine witnesses.
Similar to a grand jury indictment, there are looser rules of evidence as the judge is the one hearing the evidence. A judge is better versed in the law than a trial jury or grand jury. The judge will decide if the defendant should stand trial for the criminal charges.
What Is the Benefit of Grand Jury Instead of a Preliminary Hearing
A prosecutor or district attorney may choose a grand jury hearing for the following reasons:
- The grand jury hearing is much quicker than a preliminary hearing
- There is a lot of public interest in the case
- Testing witnesses in front of a jury
- Timid witnesses who might not stand up to cross-examination
- Community case screening
- The need to protect the identity of undercover agents
- The DA wants to test a weak case before deciding if they want to pursue charges
- The ability to charge and arrest a defendant before they flee or threaten witnesses
Grand Jury in California
California grand jury laws are very different from other states that have a grand jury system. The California Constitution regulates the grand jury system and requires each county have a grand jury in place each year. The California grand jury hears civil cases more often than criminal cases. Most California criminal cases will go straight to a preliminary hearing rather than a grand jury hearing.