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What's the exact definition of "grand jury"?

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Goldmund Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 11:49 AM
Original message
What's the exact definition of "grand jury"?
Thanks!
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porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 11:51 AM
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1. "A jury of 12 to 23 persons convened in private session to evaluate..."
"A jury of 12 to 23 persons convened in private session to evaluate accusations against persons charged with crime and to determine whether the evidence warrants a bill of indictment."

- The American Heritage® Dictionary of the English Language, Fourth Edition
Copyright © 2000 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
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democracyindanger Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 11:54 AM
Response to Reply #1
2. and as opposed to a "petit jury," which is the trial jury.
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tridim Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 12:04 PM
Response to Reply #1
3. Are those 12 to 23 persons just like a normal jury?
Are they sequestered? Who are they? I think that's what the original poster was asking. I'd like to know too.
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porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 12:19 PM
Response to Reply #3
4. Well, I'm not sure if it's the same on state and federal levels,...
...or if it's the same in each state, for that matter. However, in general, it's just like the definition I posted said - the members are chosen like other jurors, they hear cases that the DA presents to them in order to determine a) whether they have a case and b) what maximum sentence can be possibly handed down based on the evidence at that time. Grand juries usually hear multiple cases over a time period (in Florida, it used to be a couple days a month for six months). They DO NOT determine guilt or innocence - that's for the petit jury. Grand juries also have other powers, however, that are not usually mentioned, as the DA enjoys using them as a rubber stamp. Grand juries can investigate ANY issue, they can decide WHAT to investigate, they can subpeona witnesses and they can make a "presentment," or recommendation/finding based on their investigations.
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RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 12:30 PM
Response to Reply #4
6. How is an accusation presented to the grand jury for investigation?
Does it have to be the DA's office, or can citizens request that the GJ look into a situation that they believe could be a criminal offence, such as possible vote fraud or government malfeasance which the DA's office, as part of that government, would be unwilling to present to the grand jury?
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porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 12:36 PM
Response to Reply #6
7. As I understand it...
...only the prosecution (DA) can bring a case before the grand jury. The grand jury itself would have to choose to hear something other than what the DA brings to it.
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SouthernDem2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 12:24 PM
Response to Original message
5. Definiton:
GRAND JURY - A group of citizens convened in a criminal case to consider the prosecutor's evidence and determine whether probable cause exists to prosecute a suspect for a felony. At common law, a group of persons consisting of not less than twelve nor more than twenty-four who listen to evidence and determine whether or not they should charge the accused with the commission of a crime by returning an indictment. The number of members on a grand jury varies in different states.

http://www.lectlaw.com/def/g015.htm

They are not sequestered. Their term of service can last a long time depending on jurisdiction.
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peacebaby3 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 12:36 PM
Response to Original message
8. An important fact to remember about a grand jury is
that the defense does not put on a case. The grand jury usually never hears any evidence from the defense. Their main purpose is to decide if the prosecution has enough legit evidence to move forward with indicting a person. There are rare exceptions when an accused person may testify, but it wouldn't be very smart on the part of the defense.

Therefore, someone may be inicted by the grand jury but quite possibly acqitted at their trial.

Grand jury investigation and hearings are usually very one-sided.

They also serve terms depending on your state. In my state, grand jury duty lasts six months. I think that is fairly typical.
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