What do YOU think a grand jury does?
The Constitution for the United States of America dictates in the 5th Amendment that: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.."
The primary purpose of a Grand Jury is to prevent malicious prosecution by the government. The Constitution, which forms the highest and overriding Law of the Land, mandates in no uncertain terms that you may not be prosecuted for a crime without an indictment of a Grand Jury.
A Grand Jury is formed from average citizens in a community to determine if a crime has been committed in their district and to determine if there is sufficient probable cause to indict a individual for the crime.
In other words, the purpose of the Grand Jury is to find probable cause to charge someone with a crime.
NOTE: You have a 5th Amendment right to insist on an indictment by a Grand Jury before you can be charged or tried for a crime. In other words, the public prosecutors must first get you publicly indicted by a grand jury before they can prosecute you.
Consequentially, the Grand Jury is not something managed or controlled by the government. District Attorneys, Prosecutors, Judges, Lawyers, or any officers of the court or any government officials have no place or function in Grand Juries.
The Grand Jury is a body of laymen, free from technical rules, acting if necessary in secret, pledged to indict no one because of prejudice, and to free no one because of special favor.
"Despite the vast power of grand juries, there is little in the way of judicial or legislative response designed to impose some supervisory restrictions on them." - FindLaw.com on Indictment by Grand Jury
Grand Juries belong exclusively to "We the People" they are free of any control of the government or court. Anyone can call and form a Grand Jury by simply randomly selecting 23 citizens from the community where a crime took place. Jurors on Grand Juries are not managed by any judge, they are free to conduct their own investigations and to gather their own evidence.
Victims, who are the 'Real Parties of Interest' can bring cases before Grand Juries or they can ask a Public Prosecutor / District Attorney to bring the case before the Grand Jury on their behalf. Pubic Prosecutors however do not have any authority to bring cases against anyone on their own behalf without a written and verified criminal complaint made by a victim. Ordinary citizens can themselves prosecute cases by assuming the position of a 'Private Attorney General' in a legal process known as Quo Warranto.
The Grand Jury conducts their own hearings and investigations as they feel fit. Grand Juries can issue subpoenas to summon witnesses to testify before them. People who refuse Grand Jury summons face Contempt of Court charges. A Grand Jury is not a criminal trial, it only establishes if there is probable cause to bring someone to a criminal trial. Unlike criminal trials, people called to testify before a Grand Jury do not have a right to remain silent, they can however negotiate immunity with the prosecutor for their testimony. When calling a witness, the Grand Jury need not reveal to the witness the nature of their investigation. There are no rules barring evidence from a Grand Jury. Grand Jury proceedings are separate and independent from the criminal trial, you cannot record Grand Jury proceedings or use a recording of the Grand Jury proceedings in a trial.
Other than basically unacceptable conduct, there are no limitations placed on how Grand Jurors conduct their investigations. Grand Jury Juror's can conduct their investigations in secret so as to not tip off a criminal regarding a pending indictment.
Grand Jurors can be held accountable for libel and slander or for acting maliciously, so they must act truthfully and responsibly. Multiple grand juries can conduct investigations simultaneously, and witnesses cannot object if they are called to testify by more than one grand jury.
hows that?
