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Grand Jury Process

Grand Juries: Ensuring Confidentiality and Justice

Introduction

Grand juries play a crucial role in the American criminal justice system, operating in strict confidence to serve two primary purposes: providing witnesses protection from retaliation and determining whether sufficient evidence exists to charge an individual with a crime.

Role and Composition

A grand jury is a legal body consisting of laypeople who investigate potential criminal conduct and determine whether there is enough evidence to proceed with a criminal prosecution. It consists of 12 to 23 members who must agree unanimously to issue an indictment, which formally charges a person with a crime.

Confidentiality and Witness Protection

Grand jury proceedings are held in complete secrecy to ensure that witnesses can provide testimony without fear of reprisal. This protects their safety and encourages them to come forward with information that could lead to the conviction of criminals.

Limits on Authority

While grand juries have broad investigative powers, they are not completely free. They cannot, for example, initiate criminal charges or subpoena the president or vice president. Additionally, individuals can waive their right to a grand jury proceeding and consent to being prosecuted based on a written charge known as an information.


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