Friday Edition: Indictment Watch
By Al Tompkins
Oct. 27, 2005
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There are big differences between trial (petit) juries and grand juries including:
Because of the need for secrecy ... the law forbids anyone other than authorized persons from being present in the grand jury room while evidence is being presented. This means that only the grand jury, the United States Attorney or the Assistant United States Attorney, the witness under examination, the court reporter, and the interpreter (if the foreperson determines one is required) may be present.
Normally, neither the person under investigation (sometimes referred to as the "accused," although this does not imply he or she is guilty of any crime) nor any witness on the accused's behalf will testify before the grand jury. Upon request, preferably in writing, an accused may be given the opportunity by the grand jury to appear before it.
The grand jury is not responsible for determining whether the accused is guilty beyond a reasonable doubt, but only whether there is sufficient evidence of probable cause to justify bringing the accused to trial. Only the evidence presented to the grand jury in the grand jury room may be considered in determining whether to vote an indictment.
At least 16 of 23 Grand Jurors must be present to vote on issuing indictments and it takes 12 YES votes to issue an indictment.
http://www.poynter.org/column.asp?id=2&aid=91250