Perhaps the single element most responsible for the mystery surrounding grand juries is its defining characteristic: secrecy. While detractors may decry that the grand jury's secrecy is fertile grand for impropriety, advocates of grand jury system may point to its secrecy as being a critical factor in its utility.
The California Supreme Court has articulated many of the reasons that the grand jury system functions secretly:. When seeking an indictment, the prosecutor explains the law applicable to the proposed charges, seeks to persuade the grand jury that an indictment is appropriate, and works with the grand jury to gather evidence and obtain testimony.
To facilitate this, the grand jury has the power to issue subpoenas, which allow the prosecution to compel witness testimony or the production of physical evidence to support charges against the accused. The evidence presented to a grand jury is not limited by rules of evidence, so hearsay and other normally inadmissible evidence is commonly allowed.
As a result, many grand juries have broad power to see and hear wide range of evidence. In many jurisdictions excluding California , the prosecutor is not legally required to present exculpatory evidence i. In California, the grand jury may require the prosecutor to present exculpatory evidence when it has reason to believe that such evidence exists.
However, the grand jury is not required to hear any evidence for the defendant and since grand jury proceedings are held in secret with no notice to a defendant, this has little practical value. After the prosecution has presented the selected evidence, the grand jury votes to determine whether sufficient evidence has been presented for each of the proposed charges. While the number of votes required varies by jurisdiction, only a majority or supermajority — not a unanimous vote — is required.
If the requisite number of grand jurors agrees that the evidence establishes probable cause, they vote to "return" the indictment. Upon the vote to return an indictment, the criminal case is initiated against the accused. But even if the grand jury does not vote in favor of an indictment, there still remains the possibility of criminal prosecution. In jurisdictions that do not require indictments for felonies, the prosecutor can still pursue charges through a preliminary hearing with a judge, and in all jurisdictions, the prosecutor can pursue misdemeanor charges through a preliminary hearing.
The procedure for a preliminary hearing stands in stark contrast. Preliminary hearings, like criminal trials, are held in open court and are presided over by a judge. The accused is present with counsel, and witnesses are subject to limited cross-examination. As with grand jury hearings, the rules of evidence are loosened, and the courts typically allow evidence that may otherwise be inadmissible at trial. After hearing the prosecution's evidence, a judge, who is more familiar with the law than a grand jury, determines whether or not a defendant should stand trial for the charges alleged by the prosecution.
There are reasons in which it is an appropriate or desirable alternative to a preliminary hearing. The California Grand Jury Association cites multiple surveys that have been taken of California district attorneys, who listed the following factors as influential in the decision to seek a grand jury indictment rather than using the preliminary hearing:.
For anyone familiar with California law in general, it should come as no surprise that California's grand jury system is a bit different than that in most other states.
The grand jury system is required by the California State Constitution, which mandates that each county empanel a grand jury on an annual basis that is to be comprised of 11, 19, or 23 people, depending on the size of the county. However, unlike many other grand jury systems, most of the work performed by grand juries in California is not related to criminal indictments, but to serving a civil function as a "watchdog" over local governmental. California civil grand juries investigate governmental inefficiency, unfairness, wrongdoing, and any perceived violations of public laws and regulations within the county.
Grand juries are authorized to examine all aspects of county and city government, and special districts to ensure that the government is serving the best interests of the county's citizens, with a focus on efficiency, effectiveness, and economy. The grand jury reviews and responds to complaints brought by citizens with various allegations against public officials, including misconduct, mistreatment, or general inefficiencies. The grand jury then investigates these claims by meeting with city and county officials, visiting facilities, and conducting independent research.
Skip to main navigation. There are two types of juries serving different functions in the federal trial courts: trial juries, also known as petit juries, and grand juries. A trial jury, also known as a petit jury, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case.
A grand jury is presented with evidence from the U. To set up a consultation, call us today at Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court.
Read more about T. Scott Jones. What is a grand jury? Grand jury features The various features of a grand jury are as follows: Size: 16 to 23 individuals Privacy: Closed to the public, unlike a trial jury Timeline: May only convene a few times a month during the course of one to six months Purpose: To determine if the prosecution has, based on a preponderance of the evidence, established probable cause for pressing charges Decision unanimity: A unanimous decision is not required to reach a decision to indict Attendance: Legal counsel and their clients defendants are not permitted to attend grand jury proceedings What is a trial jury?
0コメント