Grand jury

What is a grand jury?

A grand jury is a body of legally qualified people summoned by a court that decides whether to return an indictment, a written charge. The Fifth Amendment requires a grand jury's presentment or indictment for a capital or otherwise infamous crime, except for cases arising in the land or naval forces, or in the Militia when in actual service in time of war or public danger. Federal Rule 6 governs federal grand juries. This entry covers federal procedure, not individual states' rules. [1][2][5][12]

How does a grand jury come up in a federal criminal case?

In federal court, a grand jury comes up when the government seeks to charge a serious offense. The Fifth Amendment provides that no one is held to answer for a capital or otherwise infamous crime without a grand jury's presentment or indictment, except in certain military cases. [1]

Federal Rule 1 governs procedure in criminal proceedings in the United States district courts, courts of appeals and Supreme Court. This page describes the cited federal provisions; it does not survey state procedures. [3]

Rule 7(a) requires an indictment, except for criminal contempt, for offenses punishable by death or imprisonment beyond its stated threshold. Rule 7(b) separately permits prosecution by information for an offense punishable by imprisonment beyond its stated threshold if the defendant, in open court and after being advised of the nature of the charge and of their rights, waives indictment. The cited rule supplies the exact categories and threshold. [12]

Who decides what happens with a federal grand jury?

The court, the government's attorneys, and the grand jurors each have a distinct role. The court orders grand juries summoned when the public interest requires, and it must summon enough legally qualified people. In these rules, "court" means a federal judge. [2][4]

Attorneys for the government may be present while the grand jury is in session, along with the witness being questioned and certain support staff. Only the jurors may be present during deliberations and voting, plus an interpreter a juror needs in limited cases. [11]

The jurors decide whether to indict. Rule 6 sets how many must agree, and the number concurring is recorded. The foreperson signs indictments. The indictment is returned to a magistrate judge in open court. An attorney for the government must also sign it. [11][5][12]

How is a grand jury different from a trial jury?

A federal grand jury decides whether to return an indictment under Rule 6(f). Rule 7 requires an indictment to state the essential facts constituting the offense charged. Separately, the Sixth Amendment provides the accused a right to a speedy and public trial by an impartial jury. This comparison places the charging provision beside the constitutional trial-jury provision; it is not a survey of trial procedure. [6][12][5]

Are federal grand jury proceedings secret?

Rule 6(e)(2)(B), unless the rules provide otherwise, prohibits listed people from disclosing matters occurring before a federal grand jury: grand jurors, interpreters, court reporters, recording-device operators, transcribers, government attorneys, and recipients under the specified disclosure provisions. Rule 6(e)(3)(E) permits court-authorized disclosure only within its listed circumstances and subject to the court's directions. This paragraph describes those provisions, not every disclosure exception or another person's obligations under other law. [7][8]

Can a defendant object to a federal grand jury?

Yes. Under Federal Rule 6, either the government or a defendant may challenge the grand jury on the ground that it was not lawfully drawn, summoned, or selected. Either side may also challenge an individual juror as not legally qualified. The rule also lets a party move to dismiss an indictment based on such an objection, subject to limits the rule describes. [10]

What is a sealed indictment?

In federal court, the magistrate judge who receives an indictment may direct that it be kept secret until the defendant is in custody or has been released pending trial. The clerk then seals it. Under the rule, no one may disclose the indictment's existence except as necessary to issue or execute a warrant or summons. [9]

Does every federal case go through a grand jury?

No. Rule 7(a) states the categories requiring an indictment, excepting criminal contempt, and refers its misdemeanor category to Rule 58(b)(1). Separately, Rule 7(b)'s imprisonment-based waiver provision permits prosecution by information if the defendant waives indictment in open court after being advised of the nature of the charge and of their rights. This is not a general statement that every indictment-required offense may be waived; the exact scope and threshold appear in the quoted rule. [12]