The Grand Jury: A History of Citizen Participation in the Criminal Justice System
Origins in the Magna Carta
The grand jury is an ancient institution with roots in English common law. It was first recognized in the Magna Carta, signed in 1215. This charter guaranteed that no one would be imprisoned or deprived of their property without a fair trial by a jury of their peers.
Regular Trial Juries vs. Grand Juries
Regular trial juries consist of six or 12 people, who are responsible for determining guilt or innocence in a criminal case. Grand juries are larger, typically ranging from 16 to 23 people. Their role is to determine whether there is enough evidence to indict a person with a crime.
Selection of Prospective Jurors
To determine the eligibility of prospective jurors, the clerk of the court sends each a mandatory questionnaire to complete and return. This questionnaire asks about their background, experience, and any potential biases. The court then uses this information to create a pool of potential jurors.
The Jury Process
Once a jury is selected, it is taken to a jury room where it will deliberate. The goal is to reach a unanimous decision on whether to indict the person with a crime. If the grand jury believes there is enough evidence, it will issue an indictment. If the grand jury does not believe there is enough evidence, it will dismiss the case.
High-Profile and Complex Trials
In high-profile and complex trials, the jury selection process can be particularly challenging. The court may take extra steps to ensure that the jury is fair and impartial. For example, the court may use a random selection process or ask the jurors specific questions about their knowledge of the case.
Conclusion
The grand jury is a vital part of the criminal justice system. It provides citizens with a voice in the process of determining whether a person should be indicted with a crime. The grand jury helps to ensure that individuals are not prosecuted without sufficient evidence and that the rights of the accused are protected.
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