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What Happens at a Federal Grand Jury Proceeding?
The grand jury is an age old concept. It’s something that is mentioned in both the Magna Carta, and the U.S. Constitution. The concept is as old as time, when it comes to the U.S. justice system. It’s important to separate the role from the function of the grand jury – something which is only involved before criminal charges are formally brought. Petit juries, also known as federal trial juries, are empaneled to resolve the criminal charges authorized by the grand jury.
What’s the task of the federal grand jury?
The basic function is to find out if the alleged activity goes to the level of being a crime, and whether the person who committed it – will be tried for the crime. Probable cause is the standard, used to review the evidence at the grand jury proceeding.
What can the grand jury do?
In it’s investigative element, it can subpoena documents and witnesses. For example, a prosecutor can request a grand jury to issue a subpoena for documents, or to force a person to appear and consequently testify under oath. Even if they do issue the subpoena, it doesn’t mean that criminal charges will be brought. In it’s charging capacity, the grand jury makes the initial determination of there’s enough evidence to constitute probable case that a crime was committed, and whether to charge a person – or organization – with that crime. Grand jury indictments are required for all federal felonies – but in some situations, a defendant can waive the right to a grand jury indictment – and have a judge make the probable cause determination. This rarely happens though, in our observation. Unlike a trial, grand jury proceedings are usually not open to the public, and take place in a closed meeting room. The witness, cannot have a lawyer with him in the jury room. The only people who are allowed, are the attorneys for the government, the witness, interpreters, and other court staff. Typically, the federal grand jury will sit once per week, for a period of 18 months. It cannot have less than 16 members, or more than 23 members.
Let’s Get Educated
At Spodek Law Group – we want to educate you about every single aspect of the criminal justice process. In federal felony cases, the Constitution guarantees you the right to be indicted by a grand jury. It’s the grand jury’s job to determine whether, or not, there’s enough evidence to bring formal charges against you. Even though some defendants choose to waive this right, the grand jury system is a foundational component of the federal justice system – and how federal offenses are investigated, and potentially charged.
How Federal Grand Jury is Organized
Across every federal judicial district, a panel of 16-23 citizens is selected to serve on a grand jury. There must be a minimum of 16 jurors present, to form a quorum. It takes at least 12 votes to return an indictments. The panels often server for up to 18 months. Unlike in a trial jury, the grand jury operates without a judge’s supervision. Only the jurors, the government attorney, and any witnesses subpoenaed, are present. The grand jurors can, at their own discretion, explore any lead which could be relevant to uncovering guilt. The federal grand jury has exceptionally broad investigative powers – which are derived from the Constitution. This body can examine wrongdoing – even before probable cause exists. Any tip from the community, or any piece of intelligence, can be enough to launch the inquiry. One of the elements of a grand jury is its cloak of secrecy. Sessions are held behind closed doors, and leaking any info can lead to penalties.
Witnesses who testify before a grand jury are allowed to discuss their testimony. In addition, the prosecution can share grand jury evidence with other government attorneys, or staff.
Typically, the prosecutor will decide who will appear before the grand jury, and lead the questioning. As a witness, you don’t get to bring your own lawyer in the room. You can, though, step out to consult with legal counsel. Subpoenas are the primary tool used by the grand jury subpoena, – and failing to comply can be punished as contempt. If you have legitimate legal privilege, the Fifth Amendment can prevent you from revealing self-incriminating info, or attorney-client privileged information. In certain situations, a subpoena can be challenged. For example, a court can quash a subpoena if it’s unreasonably broad – or oppressive.