Also known as: grand juries · grand-jury
Written by attorneys · grounded in primary & secondary sources — see below
A body of citizens convened to investigate possible crimes and determine whether probable cause supports issuing an indictment against a person for a capital or otherwise infamous offense.
Federal prosecutors present evidence of wire fraud to a grand jury in the district where the scheme occurred. The grand jury reviews witness testimony and documents. It returns a true bill charging Gabriella Gomez with multiple counts. The indictment allows the case to proceed to trial without a preliminary hearing.
A grand jury investigating public corruption issues a subpoena to George Garcia, a newspaper reporter, seeking the identity of a confidential source. Garcia moves to quash on First Amendment grounds. The court denies the motion. Garcia must appear and testify because no constitutional reporter privilege shields the information from a good-faith grand jury inquiry.
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During a grand jury session examining evidence of securities fraud, a court reporter records all testimony except the final deliberations. An unintentional equipment failure leaves one witness's testimony unrecorded. The government proceeds with an indictment. The omission does not invalidate the prosecution.
A federal prosecutor discloses grand jury transcripts concerning a tax evasion investigation to an IRS agent. The agent needs the materials to analyze financial records and assist the prosecutor's enforcement duties. The prosecutor files the required certification with the court. The agent may use the information only for that limited purpose.
A grand jury indicts Gino Giordano for alleged false statements made during eminent domain proceedings involving his commercial parcel. Giordano moves to dismiss the indictment, claiming the grand jury lacked authority to screen the charges. The court rejects the motion because the Fifth Amendment requires grand jury screening for the federal felony.
A grand jury investigating obstruction of justice issues a subpoena duces tecum to the White House for tape recordings. The President asserts executive privilege. The court orders production of the materials because the grand jury's need for relevant evidence in a criminal investigation outweighs the generalized privilege claim.
No. The Fifth Amendment right to a grand jury indictment applies only to federal prosecutions. States may use preliminary hearings or informations instead, although some state constitutions independently require grand juries.
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Yes. An indictment may be based entirely on hearsay or other evidence inadmissible at trial. A defendant cannot challenge the indictment on the ground that the grand jury heard incompetent or inadequate evidence.
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No. The First Amendment does not create a constitutional reporter's privilege that allows journalists to refuse to testify or withhold confidential sources in a good-faith grand jury investigation.
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All proceedings except deliberations and voting must be recorded. An unintentional failure to record does not affect the validity of a later prosecution.
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An attorney for the government may disclose materials to other government personnel needed to assist in enforcing federal criminal law, subject to secrecy obligations and prompt court notification of the recipients.
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…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…