Grand Jury Process

Grand Juries: Ensuring Secrecy and Justice

The Importance of Secrecy

Grand juries operate in strict confidence for two primary purposes: * Witness Protection: Witnesses can provide information without fear of retaliation, ensuring their safety and willingness to cooperate. * Accused Protection: Secrecy protects individuals from being falsely accused or publicized before formal charges are made.

Understanding Grand Juries

### Composition and Function Grand juries are legal bodies composed of laypeople who determine whether there is sufficient evidence to indict an individual. In the United States, grand juries typically consist of 16 to 23 members. Their principal function is to determine if probable cause exists to believe a crime has been committed. ### Indictments and Criminal Proceedings If the grand jury finds probable cause, it will issue an indictment, formally charging the person with a crime. This indictment initiates the criminal prosecution process. ### Exceptions and Alternatives While grand juries are generally mandatory in felony cases, defendants can waive their right to a grand jury and agree to be prosecuted by a written charge called an "information."

Balancing Secrecy and Justice

Grand juries are not completely free from oversight. Courts can intervene if there is evidence of prosecutorial misconduct or the grand jury's secrecy is being used to suppress exculpatory evidence. This balance ensures that secrecy serves the interests of justice and protects the rights of both witnesses and accused individuals.