Also known as: juries of indictment · grand jury
Written by attorneys · grounded in primary & secondary sources — see below
A body of citizens convened to receive evidence of alleged crimes and decide whether to return an indictment charging a person with an offense.
Jordan Jenkins faces federal embezzlement charges carrying a potential prison term exceeding one year. Prosecutors attempt to proceed on an information alone. The court dismisses the case because the Fifth Amendment requires that any person held to answer for an infamous crime must first face a jury of indictment.
Judy Jacobs testifies before the jury of indictment investigating securities fraud. An FBI agent sits in the room taking notes. The foreperson halts the proceeding because only attorneys for the government, the witness, interpreters, and a court reporter may attend while the jury of indictment is in session.
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Jamal Jefferson, a newspaper reporter, receives a subpoena to appear before the jury of indictment probing public corruption. He refuses to name his source. The court orders compliance because the First Amendment supplies no privilege allowing a journalist to withhold testimony from a jury of indictment conducting a good-faith investigation.
Jacqueline Juarez moves to dismiss an indictment returned by the jury of indictment. She shows that one juror lacked the statutory qualifications to serve. The court denies the motion after confirming that twelve qualified jurors still concurred in the charging decision.
June Jiang learns that the court reporter failed to record one witness's testimony before the jury of indictment because of an equipment malfunction. She moves to dismiss the resulting indictment. The court denies relief because an unintentional recording failure does not invalidate the prosecution.
Jonathan Jaffe, an assistant U.S. attorney, seeks to share transcripts from the jury of indictment with an IRS agent assisting the fraud investigation. The court permits the disclosure because Rule 6(e)(3)(A) authorizes an attorney for the government to reveal grand-jury matters to necessary government personnel.
Federal grand juries consist of sixteen to twenty-three members. An indictment is valid only when at least twelve qualified jurors concur in the charging decision. If fewer than twelve concur, the indictment must be dismissed.
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No. The Supreme Court has held that the First Amendment does not create a reporter's privilege allowing a journalist to withhold testimony or confidential sources from a grand jury conducting a good-faith criminal investigation.
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Only attorneys for the government, the witness under examination, interpreters when needed, and a court reporter or recording-device operator may attend while the grand jury is in session. No other persons are permitted.
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No. The validity of a prosecution is unaffected by an unintentional failure to record proceedings, although all proceedings except deliberations and voting must ordinarily be recorded.
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An attorney for the government may disclose grand-jury matters, other than deliberations or votes, to government personnel the attorney deems necessary to assist in enforcing federal criminal law, subject to the recipient's secrecy obligations.
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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…