Investigating grand juriesGrand juries are legal entities deeply rooted in common law and incorporated into the Fifth Amendment to the Constitution. Their purpose is not to determine guilt or innocence but only whether there are sufficient grounds to bring an indictment and trigger a trial. The trial is where guilt or innocence will be determined by all the adversarial procedures of examining evidence and testimony presented by both sides under strict supervision by a judge. Grand juries do not operate under those rules. They hear evidence
ex parte—that is, with no representation from those under investigation. They operate in secret. And in practice, they operate almost completely under the direction of a local, state, or federal prosecutor, a district attorney or attorney general, whose conclusions they almost invariably rubber-stamp.
For this reason grand juries have become controversial. Whether indictments are obtained or not may depend on the political needs of elected prosecutors, an issue raised by minority communities in regard to killings by white police. Investigating grand juries, like the one in Pennsylvania, has also proved problematic. Stanley H. Fuld, a noted jurist who was chief judge of the New York Court of Appeals, once pointed out that an
indictment “is but the first step in a long process in which the accused may seek vindication through exercise of the right to a public trial, to a jury, to counsel, to confrontation of witnesses against him and, if convicted, to an appeal.” On the contrary, a grand-jury investigative
report, “is at once an accusation and a final condemnation, and, emanating from a judicial body occupying a position of respect and importance in the community, its potential for harm is incalculable.” As a judicial docuмent, a grand-jury report, Fuld continued, “carries the same sense of authoritative condemnation as an indictment does, without, however, according the accused the benefit of the protections accorded to one who is indicted.”
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