Grand jury facts for kids

A grand jury is a special group of people who help decide if there's enough evidence for a serious crime case to go to trial. They look into possible criminal actions and decide if someone should be formally accused of a crime.

Grand juries can ask for documents and other proof, and they can listen to what witnesses say under oath. In the United States, a grand jury usually has between 16 and 23 members. They might meet for a few days each month, for a period of one month up to a year. These meetings are private. The person suspected of the crime, called a suspect, is usually not there.

About half of the states in the United States don't regularly use grand juries. Instead, they might use a preliminary hearing to decide if there's enough evidence for a trial. The Fifth Amendment to the United States Constitution says that the federal legal system must use grand juries for very serious crimes, like treason or other major crimes.

How Grand Juries Started

The idea of a grand jury began a long time ago in England. In 1166, King Henry II of England created a rule called the Assize of Clarendon. This rule said that twelve men from every area and four men from every village should meet. Their job was to decide who was guilty of robbery, theft, or murder. This was an early version of both the jury system and the grand jury we know today.

Over time, many countries stopped using grand juries. The United Kingdom ended them in 1933. Other countries that used to be British colonies, like Canada, Australia, and New Zealand, also stopped. The United States is one of the few countries that still uses the grand jury system regularly.

How Grand Juries Work

A federal judge calls grand juries together and is supposed to supervise them. However, judges almost never get involved in their decisions. A federal prosecutor leads the grand jury. The prosecutor cannot give testimony or be present when the jury members are discussing the case and making their decision.

Most federal grand juries tend to agree with the prosecutor's suggestions. This led to a famous saying: "a prosecutor can get a grand jury to indict a ham sandwich." This means it's often easy for prosecutors to convince a grand jury to bring charges. Grand juries can ask for almost any evidence they want, with very few limits. The Supreme Court of the United States once said that requests from federal grand juries are usually considered fair. It is up to the person receiving the request to prove it is not fair.

Grand juries, whether state or federal, have two main jobs. First, they review all the evidence of possible criminal wrongdoing. They only issue a formal accusation if there is enough evidence to move forward. Second, they help the prosecutor gather evidence by investigating. Some people believe that grand juries sometimes struggle to do both of these jobs effectively.

Images for kids

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  A diagram showing the different parts of the legal system.

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  A grand jury investigating the Arcadia Hotel fire in Boston, Massachusetts in 1913.