Grand Jury: A Closer Look
Understanding the Role of a Grand Jury
A grand jury is a citizen panel convened to review evidence and determine whether there is sufficient cause to indict an individual for a crime. Unlike trial juries, grand juries do not decide guilt or innocence, but rather the likelihood of a reasonable belief that a crime has been committed.
Key Distinctions from Petit Juries
Grand juries differ from petit juries in several key ways:
- Purpose: Grand juries focus on determining probable cause, while trial juries make final verdicts.
- Size: Grand juries typically consist of 16-23 members, while trial juries usually have 12.
- Secrecy: Grand jury proceedings are generally confidential, whereas trial juries operate in public.
- Indictment Authority: Only grand juries can issue indictments, formally charging individuals with crimes.
Protections for the Accused
Grand jury proceedings are subject to certain safeguards to protect the rights of the accused:
- Right to Counsel: Individuals have the right to be represented by an attorney during grand jury questioning.
- Right to Remain Silent: Individuals cannot be compelled to testify against themselves or provide self-incriminating evidence.
- Evidentiary Standards: Grand juries must base their indictments on legally sufficient evidence.
Conclusion
Grand juries play a crucial role in the criminal justice system by providing an impartial review of evidence and ensuring that individuals are not subjected to trial without probable cause. By balancing the rights of the accused with the need for accountability, grand juries help maintain the integrity and fairness of the legal process.
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