Federal grand juries approved 161,989 of 162,000 proposed indictments in 2010, a 99.99% approval rate that led critics to joke prosecutors could "indict a ham sandwich." The Fifth Amendment requires a grand jury of citizens, not just prosecutors, to approve felony charges, preventing government from prosecuting enemies without citizen oversight. But recent cases show grand juries occasionally refuse: in 2024, federal grand juries in Washington DC rejected at least six proposed indictments for assault and online threats, surprising prosecutors who expect rubber stamps. About half of states require grand jury indictments for felonies, while others let prosecutors file charges directly through criminal complaints. Federal courts mandate grand juries for all felonies unless defendants waive the right, giving 16-23 citizens power to block prosecutions by refusing to indict despite prosecutor recommendations.
Grand juries give ordinary citizens power to block prosecutions. They're the only check on prosecutorial overreach in federal felony cases—and the occasional refusal to indict shows the power can work, even if it rarely does.
People often think grand juries determine guilt or innocence. They don't—they only decide whether probable cause exists to try the defendant. A defendant can still be acquitted at trial despite grand jury indictment.
Grand juries give ordinary citizens power to block prosecutions. They're the only check on prosecutorial overreach in federal felony cases—and the occasional refusal to indict shows the power can work, even if it rarely does.
People often think grand juries determine guilt or innocence. They don't—they only decide whether probable cause exists to try the defendant. A defendant can still be acquitted at trial despite grand jury indictment.