What is a Grand Jury?
An Overview of Grand Juries in the Criminal Justice System
Definition and Role
A grand jury is a legal body consisting of laypeople (ordinary citizens) who are selected to assess whether there is sufficient evidence provided by prosecutors to indict or formally charge an individual with a crime. They determine if there is "probable cause" to believe that the accused person committed the alleged offense.
Origins and History
The use of grand juries in the United States criminal justice system stems from the Fifth Amendment to the US Constitution, which guarantees that no person shall be held to answer for a capital or otherwise infamous crime unless indicted by a grand jury.
Federal and State Systems
In the federal court system, a grand jury plays a significant role in the indictment process. It is responsible for making the probable cause determination and issuing indictments when justified. In some state court systems, grand juries may also be utilized in certain criminal cases.
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