Grand Juries, Essay Example

The Grand Jury has sometimes been referred to as the People’s panel.  The origin of the grand jury dates back as far as the 12th century England where King John mentioned this at the magna Carter.  The original grand jury was based upon 12 good men and true;  in 1681 this was expanded to 23.  The Grand Jury  concept was transferred  to the American colonies and had amongst its’ main intention as a vehicle whereby citizens could protest against the Kings Agents.  “The U.S. Constitution mentions the grand jury in article 5 of the Bill of Rights” (Turley, 2007).

The grand jury will seek to protect the ordinary citizen in two distinct  ways: [1] It limits the overall power of government to prosecute an individual providing the jury power to vote for or  against a particular indictment. [2]  It enables the grand jury to make criminal activities known to the public and as such made  government or other regulated bodies accountable for their actions. “From 1789 when the Bill of Rights was ratified to the codification of the federal courts in 1946, a jury was not regulated by statute” (Turley, 2007).

In the United States, the grand jury was est. as the fifth amendment to the Constitution.  The grand jury differs from trial jurors in a rapturous And we indict the majority of those [all 12 jurors]. The grand jury listens to evidence and decides whether the accused should be charged with a crime.  The difference between that and trial jurors is the grand jury determines probable cause, not guilt.  Owing to this rule is not necessary for them to hear all the evidence in the case.

A better important role of the grand jury is the ability to issue a subpoena or command a person to attend court and provide evidence for testify.  Failure to comply can see you being held in civil contempt and this can result in a jail sentence.  Grand jury investigations seem to be a secretive affair.  The reason that these activities are held in a secretive manner of because: [1] the events and ongoing investigation of being either compromised or interfered with.  [2] it prevents the possibility of someone escaping potential indictment [3].  It enables witnesses who would be reluctant to come forward.  The ability to make a statement in private.  [4] the secrecy legally protects anyone who is implicated but not yet indicted.

The regular Federal Grand Jury normally serves a basic term of 18 months. The court has the capability and legal right to extend this by a further 6 months.  The jury returns an indictment by the majority stating that there is probable cause of a crime being committed. This then triggers criminal proceedings to follow” A person who is suspected of having committed a crime is not protected by the constitutional prohibition of “double jeopardy” in this instance, because the person has not yet been “put in jeopardy” (made to stand trial).” (Gill, 2010)

Works Cited

Gill, K. (2010, 7 23). The Grand Jury in the United States. Retrieved 7 23, 2010, from About.com: http://uspolitics.about.com/od/usgovernment/a/grand_jury_2.htm

Turley, H. (2007, 1). The Grand Jury. Retrieved 7 26, 2010, from Hyattsville: http://www.dcdave.com/article5/070119.htm