Grand Jury

A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense.

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Answers.com

A jury of 12 to 23 persons convened in private session to evaluate accusations against persons charged with crime and to determine whether the evidence warrants a bill of indictment.

Duhaime Legal Dictionary

An American criminal justice procedure whereby, in each court district, a group of 16-23 citizens hold an in camera inquiry on criminal complaints brought by the district attorney and decide if there is cause for criminal prosecution, in which case an indictment is issued.

It is the intent of the system, and the random selection process, to constitute a group representative of citizens of the relevant community generally. They have court officers assigned to them, elect a foreman and have access to a judge from time to time but just to guide them over legal hiccups, not to preside over their deliberations (some of the members of the 1999 Monterey, CA Grand Jury pictured).

Encyclopedia Britannica

In Anglo-American law, a group that examines accusations against persons charged with crime and, if the evidence warrants, makes formal charges on which the accused persons are later tried. Through the grand jury, laypersons participate in bringing suspects to trial. Though it holds judicial inquiries, the grand jury does not decide guilt or innocence. Its function is inquisitorial and accusatorial, unlike that of the petit jury, which tries cases. The grand jury’s function is to decide whether there is “probable cause” to believe that a person has committed a crime. Should it so decide, an indictment, a formal accusation of crime, is returned and the accused must stand trial before a petit, or trial, jury whose duty is to determine the question of guilt “beyond a reasonable doubt.” The grand jury enjoys greater independence than the petit jury. It is instructed by the court on questions of law and fact, but its investigations are relatively free from supervision. Although the jury works with the prosecutor, it is not under his control.

The process begins with the random selection of a panel by the court. The jurors, generally numbering between 12 and 23, are chosen from this panel. The court may excuse a juror for any reason before the swearing in and for misconduct (e.g., collusion with suspects) thereafter. Having been selected, the jurors take an oath to execute their duties honestly and diligently, and the court describes their function and specific matters in the case. The grand jury usually has a foreman elected from its number or appointed by the court.

Public officials (e.g., a sheriff) provide information and summon witnesses for the jury. Its power over witnesses resembles that of a trial court. Witnesses must appear and usually must testify. Refusal may constitute contempt. Examination of witnesses is at the jury’s discretion and need not involve the prosecutor, who cannot in any event interfere with deliberations and voting. Ordinarily, suspects may not call witnesses, present evidence, or appear before the jury. The proceedings are secret and informal, although the court may lift secrecy in the interests of justice. Minutes of the proceedings are usually available to the prosecutor and the court, and sometimes to the accused.

FindLaw

A jury that examines accusations against persons charged with crime and if the evidence warrants makes formal charges on which the accused persons are later tried

Law.com Dictionary

A jury in each county or federal court district which serves for a term of a year and is usually selected from a list of nominees offered by the judges in the county or district. The traditional 23 members may be appointed or have their names drawn from those nominated. A Grand Jury has two responsibilities 1) to hear evidence of criminal accusations in possible felonies (major crimes) presented by the District Attorney and decide whether the accused should be indicted and tried for a crime. Since many felony charges are filed by the District Attorney in a municipal or other lower court which holds a preliminary hearing to determine if there is just cause for trial instead of having the Grand Jury hear the matter, this function is of minor importance in many jurisdictions. 2) to hear evidence of potential public wrong-doing by city and county officials, including acts which may not be crimes but are imprudent, ineffective or inefficient, and make recommendations to the county and cities involved. Example: a Grand Jury may recommend that a new jail is needed, find that there is evidence of favoritism in the sheriff's office, that some city council members are profiting by overlooking drug dealing by city staffers, or that judges are not carrying a full load of cases to be tried.

Lect Law Library

A group of citizens convened in a criminal case to consider the prosecutor's evidence and determine whether probable cause exists to prosecute a suspect for a felony. At common law, a group of persons consisting of not less than twelve nor more than twenty-four who listen to evidence and determine whether or not they should charge the accused with the commission of a crime by returning an indictment. The number of members on a grand jury varies in different states.

Legal-Dictionary.org

A panel of eligible citizens called to assess whether there is sufficient evidence to support an indictment of a person. Unlike a petit jury, the grand jury does not decide guilt or innocence. It listens only to the prosecutor's evidence and determines whether there is enough evidence to charge a person with a crime.

Merriam Webster

A jury that examines accusations against persons charged with crime and if the evidence warrants makes formal charges on which the accused persons are later tried.

The Free (Legal) Dictionary

A panel of citizens that is convened by a court to decide whether it is appropriate for the government to indict (proceed with a prosecution against) someone suspected of a crime.

An American institution since the colonial days, the grand jury has long played an important role in Criminal Law. The Fifth Amendment to the U.S. Constitution says that a person suspected of a federal crime cannot be tried until a grand jury has determined that there is enough reason to charge the person. Review by a grand jury is meant to protect suspects from inappropriate prosecution by the government, since grand jurors are drawn from the general population. It has been criticized at times as failing to serve its purpose.

Wikipedia

In the common law, a grand jury is a type of jury that determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments. A grand jury is traditionally larger than and distinguishable from a petit jury, which is used during a trial.