The grand jury plays a vital role in the criminal process of finding guilt or punishment for an individual. The grand jury is responsible for indictment. However, the grand jury must follow the required process before indicting a party. They must adhere to evidentiary standards, evidentiary restrictions, and investigatory authority before indicting an individual.
The evidentiary standards require the grand jury to indict if the provided evidence develops the probable cause to believe the individual committed the accused felony. Moreover, grand jury is required to state whether the gathered evidence warrants a conviction ( Goldstein, &Witzel, 2019). Additionally, the grand jury is required to be anonymous in their voting towards an indictment. This standard mainly applies to the jurors. Besides the evidentiary standard, the grand jury is also subjected to restrictions on evidence.
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The grand jury proceedings toward indictment require recognition of the testimonial evidence. The evidence must have ground information that will be considered viable for an indictment (Goldstein & Witzel, 2019). This requirement means that the critical requirement for evidence is probable cause. Evidence that does not provide probable cause is rendered invalid. Besides that, the grand jury holds an investigatory authority.
The grand jury performs both accusatory and investigatory authority. The investigatory authority of the grand jury involves obtaining and evaluating documents and other documents (Winkler, 2020). Additionally, the grand jury evaluates sworn testimonies represented by individuals. After a thorough evaluation of evidence and investigation, the grand jury can indict the accused.
The grand jury must fulfill evidentiary standards and evaluate the evidence before indicting an individual. Moreover, the grand jury holds investigatory authority that they can utilize to ensure that an indictment is well deserved. Notably, before a party is indicated, the grand jury must follow all the necessary steps to ensure it is deserved.
References
Goldstein, H. W., & Witzel, S. M. (2019). Grand jury practice . Law Journal Press.
Winkler, C. (2020). Grand Jury Under Fire: The Debate over Reputational Rights and Pennsylvania's Investigating Grand Jury Reports. Duq. L. Rev. , 58 , 301.
