Understanding the Role of Grand Jurors in the U.S. Legal System
Function of a Grand Jury
A grand jury is a legal body consisting of laypeople who determine whether there is sufficient evidence to indict an individual with a crime. They operate under the supervision of the court and are tasked with reviewing evidence, hearing witness testimony, and voting on whether to bring charges against the accused.
Composition and Term
In the federal system, grand juries comprise 16 to 23 members, and 12 must agree to return an indictment. They typically serve up to 18 months but may serve for up to 24 months in certain circumstances.
Distinguishing Grand Juries from Trial Juries
Regular trial juries consist of six or 12 people and are responsible for determining the guilt or innocence of the accused in a criminal trial. In contrast, grand juries do not make determinations of guilt but rather assess whether there is probable cause to believe a crime has been committed, based on the evidence presented to them.
Legal Authority and Procedures
Rule 6 of the Federal Rules of Criminal Procedure governs grand juries. It establishes the composition, summoning, and procedures of grand juries and requires that grand juries be composed of 16 to 23 members, with 12 required to issue an indictment.
Grand jury proceedings are typically closed to the public and conducted in secret to protect the privacy and rights of the accused.
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