Understanding the Role of a Grand Jury
What is a Grand Jury?
A grand jury is a group of individuals selected to determine if there is sufficient evidence to indict an accused person with criminal charges. In the United States, it is a legal body composed of 12 to 23 people summoned to examine evidence presented by prosecutors.
Function of a Grand Jury
The primary function of a grand jury is to decide whether there is probable cause to believe that an accused person has committed a crime. If they find that there is sufficient evidence, they will issue an indictment, which formally charges the person with a crime.
Process of a Grand Jury
The grand jury process is typically conducted in secret to protect the rights of the accused. Prosecutors present evidence to the jury, including witness testimony, documents, and physical evidence. The accused is not present during these proceedings and is not entitled to legal counsel or cross-examine witnesses.
Role in the Criminal Justice System
Grand juries play a critical role in the criminal justice system by serving as a check on the power of prosecutors. They ensure that individuals are not subjected to trial unless there is strong evidence against them. Their decisions can significantly impact the outcome of criminal cases.
Canada's Use of Grand Juries
Historically, grand juries have been used in Canada as well. However, their use is now rare, and they have largely been replaced by preliminary hearings or direct indictments.
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