Grand jury how many people

A grand jury is presented with evidence from the U. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant. Main content Types of Juries There are two types of juries serving different functions in the federal trial courts: trial juries, also known as petit juries, and grand juries. Trial Jury A trial jury, also known as a petit jury, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case.

In order to come to this conclusion, the jury is given investigative powers. It can issue subpoenas to compel people to testify or hand over documentation relating to the case. Members can also question witnesses, who are not allowed to have lawyers in attendance. It is in the Bill of Rights. The Fifth Amendment says: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. Members of the public. The US courts handbook says they "are drawn at random from lists of registered voters, lists of actual voters, or other sources as necessary".

Jury members may be called for duty for months at a time, but need only appear in court for a few days out of every month. This can range from as low as six to as high as 23, although a federal grand jury usually comprises 16 to 23 people.

Hence the term "grand", because the trial - or "petit" - jury is usually smaller. Unlike the trial jury, the grand jury does not determine whether a person is guilty of a crime.

It also sits in secret. There is no media coverage. Generally, the person under investigation is not allowed to be present. When seeking an indictment, the prosecutor explains the law applicable to the proposed charges, seeks to persuade the grand jury that an indictment is appropriate, and works with the grand jury to gather evidence and obtain testimony.

To facilitate this, the grand jury has the power to issue subpoenas, which allow the prosecution to compel witness testimony or the production of physical evidence to support charges against the accused.

The evidence presented to a grand jury is not limited by rules of evidence, so hearsay and other normally inadmissible evidence is commonly allowed. As a result, many grand juries have broad power to see and hear wide range of evidence. In many jurisdictions excluding California , the prosecutor is not legally required to present exculpatory evidence i. In California, the grand jury may require the prosecutor to present exculpatory evidence when it has reason to believe that such evidence exists.

However, the grand jury is not required to hear any evidence for the defendant and since grand jury proceedings are held in secret with no notice to a defendant, this has little practical value. After the prosecution has presented the selected evidence, the grand jury votes to determine whether sufficient evidence has been presented for each of the proposed charges. While the number of votes required varies by jurisdiction, only a majority or supermajority — not a unanimous vote — is required.

If the requisite number of grand jurors agrees that the evidence establishes probable cause, they vote to "return" the indictment. Upon the vote to return an indictment, the criminal case is initiated against the accused. But even if the grand jury does not vote in favor of an indictment, there still remains the possibility of criminal prosecution. In jurisdictions that do not require indictments for felonies, the prosecutor can still pursue charges through a preliminary hearing with a judge, and in all jurisdictions, the prosecutor can pursue misdemeanor charges through a preliminary hearing.

The procedure for a preliminary hearing stands in stark contrast. Preliminary hearings, like criminal trials, are held in open court and are presided over by a judge. The accused is present with counsel, and witnesses are subject to limited cross-examination. As with grand jury hearings, the rules of evidence are loosened, and the courts typically allow evidence that may otherwise be inadmissible at trial.

After hearing the prosecution's evidence, a judge, who is more familiar with the law than a grand jury, determines whether or not a defendant should stand trial for the charges alleged by the prosecution. There are reasons in which it is an appropriate or desirable alternative to a preliminary hearing. The California Grand Jury Association cites multiple surveys that have been taken of California district attorneys, who listed the following factors as influential in the decision to seek a grand jury indictment rather than using the preliminary hearing:.

For anyone familiar with California law in general, it should come as no surprise that California's grand jury system is a bit different than that in most other states. The grand jury system is required by the California State Constitution, which mandates that each county empanel a grand jury on an annual basis that is to be comprised of 11, 19, or 23 people, depending on the size of the county. However, unlike many other grand jury systems, most of the work performed by grand juries in California is not related to criminal indictments, but to serving a civil function as a "watchdog" over local governmental.

California civil grand juries investigate governmental inefficiency, unfairness, wrongdoing, and any perceived violations of public laws and regulations within the county. Grand juries are authorized to examine all aspects of county and city government, and special districts to ensure that the government is serving the best interests of the county's citizens, with a focus on efficiency, effectiveness, and economy.

The grand jury reviews and responds to complaints brought by citizens with various allegations against public officials, including misconduct, mistreatment, or general inefficiencies. The grand jury then investigates these claims by meeting with city and county officials, visiting facilities, and conducting independent research. At the end of the one-year term, each grand jury must submit a report on its investigations, findings, and conclusions, including recommendations for improvements in procedures and processes.

California grand juries are also empowered to bring accusations against public officials for willful corrupt misconduct in office that can lead to trial and removal from public office. While California grand juries are authorized to hear criminal indictment matters, they are only infrequently asked to do so.