Formal criminal proceedings in indictable (felony) matters begin with a prosecutor’s presentation of the State’s case to a grand jury. A grand jury consists of a body of 23 citizens who listen to the State’s witnesses and review any documents or other materials the State wishes to display, and then decides whether the State has shown that there is probable cause to conclude that the defendant committed a crime. Probable cause is a “baseline” showing that a crime was committed and the defendant committed it. This standard is far lower than the “beyond a reasonable doubt” burden of proof standard that the State must satisfy at trial. If the standard is met, the grand jury votes an indictment, which lays out formal charges. The 1947 Constitution provides that “[n]o person shall be held to answer for a criminal offense, unless on the presentment or indictment of a grand jury[.]” Thus, the institution of the grand jury has a Constitutional basis, and the fair and procedurally correct operation of the grand jury has Constitutional significance.
The first instance of a grand jury can be traced back to the Assize of Clarendon in 1166, an Act of Henry II of England. Thus, the roots of the grand jury as an institution of Anglo jurisprudence can be traced back almost a thousand years in our legal history.
There are certain rules that have always been viewed as fundamental to the proper functioning of a grand jury, and secrecy is probably the most important one. The grand jury operates in secrecy for good reason. Secrecy protects defendants. If the defendant is “no-billed” (the panel fails to vote an indictment and formally charge the defendant with an offense), their reputation will hopefully remain intact. Further, the identities of witnesses who testify for the State (which may include undercover officers or confidential informants) are shielded from disclosure. Thus, the fact that the grand jury operates in secrecy benefits both defendants and the State. Continue reading ›