Grand jury

A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning.[1]

Originating in England during the Middle Ages,[2] prominent modern examples include grand juries in the United States and in Japan.[3] Other common law jurisdictions formerly employed them, and most others now employ a different procedure, referred to as a preliminary hearing, that does not involve a jury.[citation needed] Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons committed a particular offense within the venue of a district court.

In Ireland, for a period, they also functioned as local government authorities:[4]

"They fixed the salaries of public officers; they regulated prisons and houses of correction; they levied funds for the support of hospitals; they made and repaired roads and bridges, and they framed accounts of the expenses incurred in these matters... They determined what public works should be undertaken — what price should be paid for them, and who were the individuals that should undertake them, and be responsible for their completion. They settled the amount of the local taxation of the county, and, under their direction, it was levied from the actual occupiers of the land."[5]

The grand jury (from the French word grand meaning "large") is so named because traditionally it has more jurors than a trial jury, sometimes called a petit jury (from the French word petit meaning "small").[6] A grand jury in the United States is usually composed of 16 to 23 citizens, though in Virginia it has fewer members for regular or special grand juries.

  1. ^ "UNITED STATES, Petitioner v. John H. WILLIAMS, Jr". Legal Information Institute. 4 May 1992.
  2. ^ Zapf, Patricia A.; Roesch, Ronald; Hart, Stephen D. (2009). Forensic Psychology and Law. Hoboken, NJ: Wiley. p. 182. ISBN 978-0-470-57039-5. Retrieved 2 December 2014.
  3. ^ Cite error: The named reference :0 was invoked but never defined (see the help page).
  4. ^ "Waterford City & County Council : Grand Jury Collection". www.waterfordcouncil.ie. Archived from the original on 30 November 2022. Retrieved 15 August 2022.
  5. ^ Hansard, 19 February 1833, Commons sitting.
  6. ^ Black, Henry Campbell (1910). "Jury, Grand". A Law Dictionary (2nd ed.). St Paul, Minnesota: West. p. 675.

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