In California, the grand jury may require the prosecutor to present exculpatory evidence when it has reason to believe that such evidence exists . ... If the requisite number of grand jurors agrees that the evidence establishes probable cause, they vote to “return” the indictment.
What happens at a grand jury hearing?
The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime . A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.
Why do cases go to grand jury?
The grand jury plays an important role in the criminal process , but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant — usually reserved for serious felonies.
What is a disadvantage of having a grand jury?
One major disadvantage is that the grand jury process can encourage pleas and other decisions that may be unnecessary . ... Grand juries do not determine guilt or innocence; they determine, once again based upon the evidence presented, whether a case should go to trial.
Are grand juries secret?
Grand jury proceedings are secret . No judge is present; the proceedings are led by a prosecutor; and the defendant has no right to present his case or (in many instances) to be informed of the proceedings at all. While court reporters usually transcribe the proceedings, the records are sealed.
What percentage of grand jury cases result in indictments?
Based on the influence of the prosecutor, who (other than the court reporter) is the only non-juror present and who selects the evidence to present, various studies have suggested that the rate of indictment by a grand jury ranges from approximately 95% to approximately 99% .
Is a grand jury decision final?
Unlike a preliminary hearing held in court with the defense side present, the grand jury doesn’t make its decision in the context of an adversary proceeding . ... Grand jurors see and hear only what prosecutors put before them.
Does indictment mean jail time?
It depends. There’s no hard and fast rule that covers whether or not someone must remain in jail after being indicted. This decision is made early in the trial process at a bond hearing.
What are the pros of using a jury system?
- It keeps the criminal justice system within the community. ...
- Jury systems work to eliminate conscious and unconscious bias from the system. ...
- The jury system works to keep everyone connected to their civic responsibilities.
What are the pros and cons of the jury system vs the judge trial?
Juries tend to be easier audiences than judges .
Oftentimes, stating your case to a jury can be less pressure than a judge trial. Jurors tend to be less concerned with technical details and more so with listening to a compelling story and making a decision based on who they believe should win under the circumstances.
What is the difference between grand jury and preliminary hearing?
At a preliminary hearing, a judge hears the state’s evidence and decides whether there is sufficient evidence to require the defendant to stand trial . ... No judge is present but the grand jury is instructed to review the evidence according to a probable cause standard and determine whether there is sufficient evidence.
How long do grand jury indictments take?
If a majority of the jury decides there is enough evidence, they will formally indict you, and the the prosecuting attorney will ask law enforcement for a warrant for your arrest. A federal grand jury may sit for as long as 18 months . It can hear evidence one day per week, typically, but sometimes more often.
What happens after a grand jury indictment?
Arraignment — After an Indictment or Information has been filed and arrest has been made, an Arraignment must take place before a Magistrate Judge. During an Arraignment, the accused, now called the defendant, is read the charges against him or her and advised of his or her rights.
Who appoints a grand jury?
The judge will then direct the selection of 23 qualified persons to become the members of the grand jury. After the proper number of persons have been qualified as grand jurors, the court will appoint one of them to be the foreperson, or presiding officer, of the grand jury.
What is the difference between being charged and being indicted?
Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means a grand jury has filed charges against you .
Which of the following is a power of the 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.
