What is a grand jury? What you need to know
They only determine whether there is probable cause to charge, or indict
Special counsel Robert Mueller reportedly has impaneled a grand jury as part of his investigation into Russia’s interference in the 2016 presidential election – and possible collusion with President Trump’s campaign. Here are some key things to know:
WHAT IS A GRAND JURY?
A grand jury is a group of citizens who gather to hear evidence in secret to determine whether there is probable cause to prosecute someone.
The secrecy surrounding its deliberations is meant to protect innocent people from unfounded charges, per the American Bar Association.
WHERE HAVE I HEARD OF GRAND JURIES BEFORE?
Possibly in government class, since the right to a grand jury is included in the Bill of Rights. Under the Fifth Amendment, serious federal criminal charges must begin with a grand jury: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.”
In recent years, several highly- publicized cases have used grand juries to determine whether someone should be indicted or not, such as in the Michael Brown shooting in Ferguson, Mo. In 1998, President Clinton became the first U. S. president to testify before a federal grand jury after independent counsel Kenneth Starr spent four years investigating the Whitewater controversy.
HOWIS A GRAND JURY DIFFERENT FROM A REGULAR TRIAL JURY?
A trial or “petit” jury determines whether a person is guilty of a crime, whereas grand juries only determine whether there is probable cause to charge, or indict, someone.
Additionally, grand juries are typically bigger than trial juries, which have between 6 and 12 jurors. That’s actually how they derive their name. Between 16 and 23 people sit on a federal grand jury.
HOWARE JURORS SELECTED?
Per the U. S. courts handbook for grand jurors, names of prospective grand jurors “are drawn at random from lists of registered voters, lists of actual voters, or other sources as necessary.”
WHAT HAPPENS AFTER JURORS ARE SELECTED?
Grand juries spend most of their time hearing testimony presented by a prosecutor, according to the grand jurors’ handbook. The prosecutor decides what evidence to present and which witnesses to call. When the proceedings are done, the grand jury decides whether to indict or not.
SO, CAN I SEE THE PROCEEDINGS?
No. Unlike trials, which typically are public, grand jury proceedings are not open to the public, per the American Bar Association.
WHAT DOES THIS MEAN IN PARTICULAR FOR ROBERT MUELLER?
According to John Wood, a former U. S. attorney, the grand jury gives enormous power to Mueller to subpoena documents and compel witnesses to testify under oath.