A grand jury is a panel of 16 to 23 citizens drawn from the community. Federal prosecutors present evidence and witnesses, and the jurors decide whether there is "probable cause" to believe a crime was committed. At least 12 of 16 present must vote to indict before charges can be filed. Grand juries work in secret, hear only the prosecution's side, and can subpoena documents and witnesses. The Fifth Amendment requires a grand jury indictment for serious federal crimes. Because charges cannot be amended once returned, prosecutors who want to add defendants or counts must go back for a "superseding indictment."
The grand jury is the first charging gate in serious federal cases. It matters because the government cannot simply announce felony charges on its own and call that due process.
People often confuse a grand jury with a trial jury. A grand jury does not decide guilt. It decides whether prosecutors showed probable cause to file serious charges.
The grand jury is the first charging gate in serious federal cases. It matters because the government cannot simply announce felony charges on its own and call that due process.
People often confuse a grand jury with a trial jury. A grand jury does not decide guilt. It decides whether prosecutors showed probable cause to file serious charges.