The purpose of a grand jury is twofold: to investigate potential criminal conduct and to determine whether there is probable cause to bring formal criminal charges (indictments) against a person or entity. It acts as both a "sword" authorizing prosecution and a "shield" protecting citizens from unfounded or oppressive charges. Key functions of a grand jury include:
- Accusatory Role: The grand jury decides if there is enough evidence to charge someone with a felony crime by issuing an indictment (a "true bill"), or it can dismiss the case if the evidence is insufficient ("no bill"). It does not determine guilt or innocence, only whether probable cause exists to proceed to trial
- Investigatory Role: It can subpoena witnesses and documents, hear sworn testimony, and investigate criminal wrongdoing independently or at the request of prosecutors. This investigatory power helps uncover evidence to support or refute charges
- Community Participation: Grand juries are composed of lay citizens who represent the community and participate in the administration of justice, serving as a check on prosecutorial power and government actions
- Civil Oversight (in some jurisdictions): Some grand juries, especially civil grand juries, investigate local government operations, public agencies, and misconduct in office, issuing reports and recommendations to promote accountability
Grand jury proceedings are typically secret and conducted without the presence of the accused or their lawyer. The grand jury's decision to indict requires a majority or supermajority vote, depending on jurisdiction, and it serves as a preliminary step before a criminal trial
. In summary, the grand jury's purpose is to ensure that there is a legitimate basis for criminal prosecution while safeguarding citizens from arbitrary or unjust charges, combining investigatory and accusatory functions as part of the justice system.
