Criminal Investigation: Grand Jury Analysis
Introduction
The term grand jury refers to a group of people who determine the propriety of imputed acts. The United States remains the only country that has this body as part of the judicial system. The purpose of this type of jury is to interact with the prosecutor to determine the necessity of a criminal trial. The history of the grand jury begins in England, where this body was first established. A few successful challengers became an example for the United States, which introduced juries into the courts. A grand jury plays an important role in the investigation and prosecution process in the modern USA judicial system.
Functional Analysis
This type of juror is a panel of people that considers the validity of a criminal charge brought by the public prosecutor and decides whether the defendant should be put on trial. The functioning of these panels set up by courts of first instance is typical for common law countries where preliminary investigation and inquest are not held due to the absence of such procedures in the criminal procedural law (Allen et al., 2022). During these procedures, citizens become a part of the devotional stage.
Citizens on the grand jury hear cases on camera; the presence of the prosecutor, witnesses during their interrogation, and support persons are allowed at grand jury sessions. The public may not be present in the courtroom during grand jury deliberations (Allen et al., 2022). Sessions are generally held in the absence of the accused. The accused may be heard at the discretion of the grand jury itself. In doing so, his lawyer may only be outside the doors of the courtroom.
Procedure and Participants
The work of the grand jury does not begin until the formation of the criminal case when it is necessary to determine whether the prosecutor’s arguments are reasonable and sufficient. The work results in a preliminary indictment rather than a conviction (Allen et al., 2022). Legally, there are no restrictions on the type of trial cases in which a grand jury cannot be convened. Nevertheless, in cases not involving serious crimes and the death penalty as a punishment option, these bodies have no de facto force, since the prosecutor has the final word on whether to prosecute. Consequently, in this type of case, grand jury activity has been resorted to less and less frequently over time. Usually, there are between 12 and 23 people on the panel, whose identities are kept strictly confidential (Allen et al., 2022). When working on the most basic type of evidence is the testimony of witnesses, which jurors listen to in secret.
The main feature of the jury’s procedure is that the latter does not interact with the defendant and a lawyer. The latter only learn about the decision to prosecute or reject the prosecutor’s request. Consequently, the main participants in the case are the prosecutor, witnesses, clerks, and sheriffs, who provide all the necessary data. Inside the proceedings, it may turn out that there is no corpus delicti because the testimony of witnesses or surveillance footage disproves the guilt of the suspect. In such a case, exculpatory evidence is used, which is a reason for the prosecutor to refuse to initiate a criminal case. If, however, the data that the jury worked with showed that there are prerequisites for the prosecution of the accused under the law, an indictment is issued. The legal force of this document is that the latter authorizes the prosecutor to initiate procedures that will subsequently lead to the imposition of any sentence, which will not necessarily be a conviction.
Conclusion
Thus, the grand jury is the body involved in the preliminaries. The main task of the grand jury is to make a final decision on whether or not to initiate a criminal investigation. From the point of view of the rights of the suspect, the grand jury is an important institution for the protection of rights and freedoms, but in the case of particularly serious offenses, the work of the grand jury is not performed.
Reference
Allen, R. J., Hoffmann, J. L., Livingston, D. A., Leipold, A. D., & Meares, T. L. (2022). Comprehensive criminal procedure 2022 case supplement. Aspen Publishing.