Grand Jury Definition

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The Role of the Grand Jury in Anglo-American Law

Understanding the Grand Jury

In Anglo-American law, a grand jury is a legal body composed of laypeople, typically numbering between 12 and 23, tasked with examining accusations against individuals charged with crimes. Their primary responsibility is to determine if there is sufficient evidence to warrant the formal issuance of an indictment, indicating that there is probable cause to believe that the accused committed the alleged offense.

Functions of a Grand Jury

The grand jury performs several crucial functions:

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Investigating evidence and hearing testimony presented by the prosecution

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Determining if the evidence presented supports the charges against the accused

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Deciding whether to issue an indictment, which initiates formal criminal proceedings against the individual

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Protecting citizens from unwarranted or excessive prosecution

It's important to note that grand juries operate in secrecy, and their proceedings are not open to the public. This allows for a thorough and unbiased investigation without interference from outside pressures.

Composition and Selection

Grand juries are typically selected from lists of registered voters. Jurors are randomly chosen and sworn in to serve for a specific term. They should be impartial and have no prior knowledge or bias related to the case they will be considering.

The Grand Jury Process

The grand jury process typically involves the following steps:

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Presentation of evidence by the prosecutor

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Questioning of witnesses by the grand jury

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Deliberation and voting on whether to issue an indictment

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Issuance of an indictment (if there is sufficient evidence) or dismissal of the case (if there is insufficient evidence)

The grand jury's decision is final and cannot be appealed. If an indictment is issued, the accused will face trial where the evidence presented to the grand jury will be reviewed by a trial jury.

Conclusion

The grand jury plays a critical role in the Anglo-American legal system by ensuring that individuals are not prosecuted without proper cause. It provides a layer of protection against malicious or unfounded accusations while safeguarding the rights of both the accused and society as a whole.

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