8 Sep 2022

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The Modern Grand Jury in the American Judicial System

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Academic level: College

Paper type: Assignment

Words: 384

Pages: 1

Downloads: 0

A jury is a group of individual citizens that sworn in a court of law to determine and present an impartial verdict over a case presented to them in a particular case proceeding. There are different types of juries, among them, a grand jury, petite jury, and coroner’s jury. A grand jury in this case is a body of people ranging from 16 to 23 members whose purpose is to investigate criminal conduct (Hurley, 2014). Their purpose is to bring criminal proceedings to individuals by conducting both investigatory and accusatory functions. A grand jury looks through the physical evidence and can subpoena people to testify. This essay will discuss the functions of a grand jury by examining its purpose and responsibilities.

It is critical to note that a grand jury is a separate entity from the court as they are not under the court’s function. A grand jury performs the functions of determining whether an individual is guilty or not and bring forward prosecution charges. Additionally, a grand jury also acts as a protective body against unfair and unsubstantiated prosecution of citizens (Hurley, 2014). The grand jury is essential in the administration of justice as it listens to testimonies of people, conducts their own investigations, and determines the legality and presentation of facts from these sources. After determination of these requirements, a grand jury can decide to indict an individual; done by twelve jurors or more through a prosecutor or an officer of the court.

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The grand jury being one of the oldest and respected bodies in the judicial system, is vital in serious cases where all the evidence is not present, when evaluating whether to use a preliminary hearing or the former or when determining probable cause (Hurley, 2014). The functions and independence of the grand jury make it easier and quicker for prosecutors to hasten the proceedings. For example, in felony cases, probable cause determination is critical and a grand jury gets this role. Their secrecy on what evidence is available and which subpoenaed witnesses are there makes it easier to make pleas or move the cases to trial.

In conclusion, the grand jury is a vital organ in the American judicial system. With a wide range of members of 16 to 23, a sense of fairness against baseless accusations and proper indictments is available. Additionally, the role of the grand jury being separate from that of the court or prosecutors is essential in providing fair investigations without any undue influence.

References

Hurley, G. (2014). The Modern Grand Jury. National Center for State Courts. Retrieved 24 October 2018, from https://www.ncsc.org/sitecore/content/microsites/trends/home/Monthly-Trends-Articles/2014/The-Modern-Grand-Jury.aspx

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StudyBounty. (2023, September 16). The Modern Grand Jury in the American Judicial System .
https://studybounty.com/the-modern-grand-jury-in-the-american-judicial-system-assignment

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