Grand Jury Selection

The Selection Process of Grand Juries

Understanding the Composition and Functions of Grand Juries

Eligibility Determination and Random Selection

To assess the eligibility of potential jurors, the court sends out questionnaires that must be completed and returned. Based on the answers provided on these questionnaires, the court randomly selects grand jurors who meet the eligibility criteria.

Fair Representation and Diversity

Grand juries are chosen for both federal and state jurisdictions. Federal grand juries serve four-month terms, and new juries are selected three times each year. Each juror takes an oath to act impartially and without malicious intent.

Impartiality and Objectivity

Under federal law, grand juries must be randomly selected from a fair cross-section of the community. Potential jurors' names are drawn from voter lists, and those drawn must appear before the court unless they have an eligible exemption or excuse.

Historical Origins and Evolution

Historically, grand jurors were primarily wealthy property owners. They played a dual role as judicial figures and participated in criminal trials. Over time, their functions have shifted, and they are now responsible for determining whether there is probable cause to believe that an individual has committed a federal offense.

Group Size and Responsibilities

A grand jury consists of 23 citizens who are tasked with deciding whether there is probable cause for an indictment. In the United States, an indictment formally charges a person with a crime and triggers the criminal prosecution process.

Jury Selection Process

Jury selection for grand juries and petit juries involves questioning potential jurors by attorneys and judges to determine their suitability for jury duty. The first grand jury in England consisted of knights and freemen who acted as accusers or witnesses rather than judges.

Modern Role and Importance

Grand juries are highly influential in the U.S. and have been in the news recently. They play a crucial role in investigating and bringing formal charges against individuals, as exemplified by the grand jury's investigation into former President Donald Trump in Fulton County, Georgia.

Federal Grand Jury Composition

Federal grand juries are composed of 16 to 23 members, with at least 12 jurors required to agree on an indictment before charges can be brought.

Random Selection and Representation

Grand jurors are randomly selected from voter registrations and other sources. They may serve for up to 18 months but only need to appear in court for a few days each month.

Function and Purpose

Grand juries are impaneled to examine accusations against individuals and determine if there is sufficient evidence to warrant formal charges. They are not responsible for determining guilt or innocence, but rather for assessing the merits of the prosecution's case.

Historical Context and Evolution

The grand jury system has evolved over time, transitioning from its origins as a group of accusers to its current role as an impartial body tasked with evaluating evidence and making charging decisions.