A Cornerstone Of The American Justice System

Grand Juries in the United States

A Cornerstone of the American Justice System

Grand juries are a unique and vital part of the American justice system. Unlike trial juries, which determine guilt or innocence in criminal cases, grand juries investigate potential criminal activity and decide whether there is enough evidence to bring charges. This quasi-judicial proceeding is empowered by both federal and state law.

Composition and Process

Grand juries typically consist of 16 to 23 citizens selected randomly from the community. They meet in secret to hear evidence presented by the prosecution. The proceedings are closed to the public and the accused, ensuring the privacy of the investigation. The grand jury's decision, known as an indictment, requires the support of a majority of its members.

Historical Significance

The grand jury system has roots in English common law and dates back to the 12th century. It was adopted in the United States in the 18th century and became a cornerstone of the Bill of Rights. The Fifth Amendment prohibits the federal government from depriving citizens of "life, liberty, or property, without due process of law," and grand juries play a crucial role in ensuring this due process.