A grand jury's primary function in the criminal justice system is to:

Question

Accepted Answer

Decide whether sufficient evidence exists to formally charge a suspect with a crime. A grand jury's primary function is to review evidence presented by the prosecution and determine whether there is probable cause to believe that a crime has been committed and that the suspect committed it. If the grand jury finds sufficient evidence, it issues an indictment (also called a "true bill"), which formally charges the suspect and allows the case to proceed to trial. The Fifth Amendment requires grand jury indictment for federal felony prosecutions, though not all states use grand juries.

Determining guilt or innocence is the function of a trial jury (petit jury), not a grand jury. Grand juries are part of the pre-trial process. Setting sentences is the responsibility of judges (and sometimes juries in certain jurisdictions), not grand juries. Hearing appeals is the function of appellate courts, which review the proceedings of trial courts for legal errors.

Grand juries differ from trial juries in several important ways. Grand jury proceedings are secret, the defendant does not have the right to be present or to present evidence, rules of evidence are relaxed, and the grand jury hears only the prosecution's case. Grand juries typically consist of 16-23 members (compared to 12 for a trial jury), and their decision requires only a majority vote rather than unanimity. Critics argue that grand juries are heavily influenced by prosecutors and rarely decline to indict  -  as the saying goes, "a grand jury would indict a ham sandwich." Some states have replaced grand juries with preliminary hearings before a judge. Understanding the grand jury's role is important for the DSST exam because it is a key step in the criminal prosecution process.

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