Critics of the current system say grand juries have become too compliant to prosecutors, who are less inclined to pursue charges against members of a local law enforcement agency with whom they work closely.
The grand jury system is a relic of America’s early criminal justice system, which took cues from England’s. Grand juries were seen as providing protection against meritless prosecutions by the government. Before prosecutors could bring charges, they had to present the case against a suspect to a group of impartial citizens who decided whether charges made sense.
The right to a grand jury indictment ended up enshrined in the Bill of Rights, although the U.S. Supreme Court has ruled that states do not need to use grand juries. That is why about half of the states no longer require them, allowing prosecutors to opt instead for “preliminary hearings” before a judge. In states that have grand juries, the procedures vary, including the number of people who serve on them.
A grand jury may issue subpoenas for information or for a witness to testify. Its members often hear several cases over the course of weeks — or even one day. An indictment does not require a unanimous vote, but does need a majority; the specifics depend on the jurisdiction. The work of a grand jury is recorded, but is sealed from the public.Historically, grand juries have been blocked from public view in order to protect jurors, witnesses, the accused and the case itself.
But that secrecy also makes grand juries unaccountable to the public for their decisions — and makes their decisions more likely to be misunderstood or distrusted. The backlash to the grand jury’s work in the Taylor case is an example of that.
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