Grand Jury - History Of The Grand Jury, Structure, Grand Jury Independence, Grand Jury Screening, Screening Procedures

Grand Jury - History Of The Grand Jury

The English origin of the grand jury commonly is traced to the Assize of Clarendon, issued by Henry II in 1166. The Assize required that criminal accusations thereafter be "presented" by juries composed of twelve "good and lawful men" selected from the township. The Assize was designed to strengthen royal judicial authority. The jurors were familiar with the local scene…

Grand Jury - Structure

Certain elements of the legal structure of the grand jury relate primarily to either one or the other of its functions, but there are three basic structural features that influence both its screening and investigative roles—jury composition, jury independence, and the secrecy of jury proceedings. Grand jury composition. In most jurisdictions grand jurors are drawn from the same constituency…

Grand Jury - Grand Jury Independence

Relationship to the prosecutor. Independence from the prosecutor is, of course, basic to the grand jury's shielding function. In its investigative function, although the grand jury is expected to work in cooperation with the prosecutor, some degree of independence also is assumed. Thus, the legal structure of the grand jury seeks to ensure the jury's independence of the prosecutor, w…

Grand Jury - Grand Jury Screening

Federal prosecutions. The Fifth Amendment provides that except in certain military cases, "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." The reference to "otherwise infamous crimes," has been interpreted, in light of historical practice, as encompassing all felonies (offenses punisha…

Grand Jury - Screening Procedures

Presenting the prosecutor's case. The prosecutor's grand jury presentation ordinarily begins with an explanation of a proposed indictment and a summary of the evidence that will be offered to support it. The evidence is then presented through the testimony of witnesses or the introduction of documents. In many jurisdictions (but not the federal), the prosecution has an obligation to …

Grand Jury - Grand Jury Investigations

In contrast to their division on the use of the grand jury as a screening agency, both indictment and information jurisdictions use the grand jury as an investigative body. Although the extent of that use varies, the grand jury tends to be treated as a specialized investigative agency needed for a limited class of offenses. Compared to police investigations, grand jury investigations are expensive…

Grand Jury - The Subpoena To Testify

Significance. A major investigative advantage of the grand jury is its use of the subpoena ad testificandum, a court order directing a person to appear and testify before the grand jury. If the police wish to take a person into custody for questioning, they must have the probable cause required by the Fourth Amendment to justify the seizure of a person. Even then, the person has no duty to answer …

Grand Jury - Bibliography

Grand Jury - Cases