Grand Jury: The Duties of a Grand Jury: |”Where in the United States Constitution Section About the Grand Jury”

Introduction 

A grand jury is a group of citizens who are responsible for determining whether there is enough evidence to bring criminal charges against a person. Grand juries are used in both federal and state courts.

How Grand Juries Are Chosen

Grand jurors are chosen from a pool of registered voters in the county where the crime is alleged to have occurred. The jurors are selected at random, and they must meet certain qualifications, such as being able to read and write and having no felony convictions.

The Roles of Grand Jurors

Grand jurors listen to evidence presented by the prosecutor and decide whether there is enough evidence to charge the person with a crime. The prosecutor can call witnesses and introduce evidence, but the grand jurors are free to ask questions and make their own decisions.

The Chairman's Duties

The grand jury has a chairman who is responsible for overseeing the proceedings and ensuring that the grand jurors are following the rules. The chairman also votes along with the other grand jurors.

The Time Frame for Reviewing Allegations

Grand juries typically meet for a few weeks or months to hear evidence and decide whether to indict. The time frame can vary depending on the complexity of the case.

The Signature of the Chairman

The grand jury's decision to indict is not final until the chairman signs the indictment. The indictment is then filed with the court, and the person who is indicted is arraigned.

The Votes to Bring the Indictment

In order to bring an indictment, the grand jury must vote unanimously. This means that all of the grand jurors must agree that there is enough evidence to charge the person with a crime.

The Importance of Grand Juries

Grand juries play an important role in the criminal justice system. They are the first line of defense against frivolous charges, and they help to ensure that only people who are truly guilty are brought to trial.

Conclusion

Grand juries are an important part of the criminal justice system. They help to ensure that only people who are truly guilty are brought to trial, and they protect the innocent from being falsely accused.

Summary of the Grand Jury 

The duties of a grand jury in the United States are outlined in the Fifth Amendment of the United States Constitution. The relevant section states:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."

This section of the Constitution establishes the requirement for a grand jury indictment before an individual can be charged with a serious crime, known as an "infamous crime." It ensures that the government cannot arbitrarily accuse someone of a serious offense without the review and approval of a grand jury.

The grand jury, composed of a group of citizens, is responsible for reviewing evidence presented by the prosecution to determine if there is enough evidence to formally charge someone with a crime. The grand jury operates in secrecy and its proceedings are not open to the public. The purpose of this secrecy is to protect the privacy and reputation of individuals who may be under investigation, as well as to encourage witnesses to provide honest and candid testimony.

The grand jury's role is not to determine guilt or innocence, but rather to assess whether there is sufficient evidence to proceed with a criminal trial. If the grand jury finds that there is enough evidence, it will issue an indictment, which formally accuses the individual of the alleged crime. This indictment then allows the case to move forward in the criminal justice system.

It is important to note that not all criminal cases require grand jury involvement. In less serious cases, known as "petty crimes," the prosecution can proceed with a direct filing of charges without the need for a grand jury indictment. The requirement for a grand jury indictment typically applies to more serious offenses, such as murder, major drug offenses, or other felonies.

In summary, the duties of a grand jury are to review evidence presented by the prosecution, determine if there is enough evidence to formally charge someone with an infamous crime, and issue an indictment if warranted. This constitutional protection ensures that individuals are not arbitrarily accused of serious offenses and helps safeguard against potential government abuse of power.