Buzz
You've probably heard the term before, but is there truly something unique about grand juries?
At first glance, they may seem similar to a regular trial jury. Both are selected and sworn in by the court, and they often come from the same pool of potential jurors as trial juries.
However, the role of a grand jury is a bit different.
While a regular trial jury listens to both the defense and prosecution in a criminal case to reach a verdict, a grand jury only hears the prosecution's evidence. They are tasked with determining if there is sufficient evidence to formally charge the defendant with a crime, effectively serving as a gatekeeper for criminal trials.
Grand jury proceedings are unique in that there is no judge, defense lawyer, or defendant present. Instead, the prosecution presents the case to the jurors, aiming to convince them that the defendant should face charges and proceed to trial. The defense isn't allowed to attend, question witnesses, or introduce their own evidence.
While this setup might seem biased toward the prosecution, grand juries don't simply approve every case. Often, they decline to issue indictments because the evidence isn't strong enough. Even though defense lawyers can't participate in the hearing, they still have the ability to challenge it. For instance, in the O.J. Simpson case, the defense argued that a grand jury could not remain unbiased after so much media coverage. The court agreed, halting the grand jury and opting for a week-long preliminary hearing, where Judge Kathleen Kennedy-Powell ruled there was enough evidence to bring Simpson to trial.
There are also procedural differences between grand and trial juries. Depending on the jurisdiction, grand juries can have anywhere from six to 23 members. In many states, they can serve for up to 18 months, hearing multiple cases during their term.
