Also known as: accusing juries · grand jury
Written by attorneys · grounded in primary & secondary sources — see below
A body of citizens convened to investigate potential crimes and decide whether probable cause exists to issue an indictment against a person.
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Ava Adebayo, a civilian clerk, faced federal charges for alleged fraud. Prosecutors convened a grand jury that reviewed evidence and returned an indictment. Because no military exception applied, the Fifth Amendment required the accusing jury's formal accusation before trial could proceed.
Anita Ali testified before the grand jury about corporate records. Government attorneys, a court reporter, and an interpreter remained present throughout her questioning. No unauthorized persons entered, preserving the integrity of the accusing jury's proceedings under the applicable rule.
Abigail Alvarez, an investigative journalist, received a grand jury subpoena seeking her confidential source on a bribery story. She moved to quash on First Amendment grounds. The court denied the motion, holding that the accusing jury could compel her testimony in a good-faith investigation.
Alfred Ashford moved to dismiss an indictment, claiming one grand juror lacked legal qualifications. The record showed at least twelve qualified jurors had concurred. The court denied the motion, leaving the accusing jury's indictment intact under the governing rule.
Albert Allen appeared before the grand jury in a securities fraud probe. A court reporter recorded all testimony except during final deliberations. An unintentional gap in the recording did not invalidate the accusing jury's subsequent indictment.
Aaron Adams's grand jury testimony about environmental violations was shared with an FBI analyst assisting the prosecutor. The disclosure was made solely to aid enforcement of federal law, and the attorney promptly notified the court of the recipients as required.
The Fifth Amendment requires that a person be held to answer for a capital or infamous crime only upon presentment or indictment of a grand jury, except in military cases arising in actual service. This ensures that a body of citizens, rather than a prosecutor alone, determines whether probable cause supports formal charges.
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Only attorneys for the government, the witness being questioned, interpreters when needed, and a court reporter or recording operator may be present while the grand jury is in session. No other persons are permitted during deliberations or voting.
…state charges were dismissed after federal agents charged Lopez with violating the Gun-Free School Zones Act of 1990. A federal grand jury indicted him for violating § 922(q). He moved to dismiss the indictment on the ground that § 922(q) was beyond the power of Congress to legislate control over our public schools. The…
…"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be…
…(No. 73-1834) because of the public importance of the issues presented and the need for prompt resolution. On March 1, 1974, a grand jury
…owned and occupied by his cousin. No one was injured in the ensuing fire, but the blaze severely damaged the home. A federal grand jury returned a three-count indictment charging Jones with arson, 18 U. S. C. § 844(i) (1994 ed., Supp. IV); using a destructive device during and in relation to a crime of violence (the arson),…
…the consideration or decision of the case. Syllabus The petitioners were subpoenaed to appear and testify before a federal grand jury investigating violations of federal gambling and related laws. They refused to answer questions on the ground that their answers might tend to incriminate them, despite being granted…
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No. The Supreme Court has held that the First Amendment does not grant journalists a privilege to refuse to testify before grand juries or to withhold confidential sources in good-faith investigations. Reporters must appear and testify like other citizens.
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A party may move to dismiss an indictment based on an objection to the grand jury or an individual juror's lack of legal qualification, provided the court has not already ruled on the objection. Dismissal is unavailable if at least twelve qualified jurors concurred in the indictment.
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All proceedings except deliberations and voting must be recorded by a court reporter or suitable device. An unintentional failure to record does not affect the validity of a prosecution, and the government ordinarily retains control of the recording and transcripts.
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