Grand Jury: An Important Role In The Criminal Process

Research Paper

Grand Jury plays an important role in the criminal process, but it does not involve finding the guilt or punishment of a party. A grand jury determines whether criminal charges should be brought. If the grand jury returns an indictment, it is referred to as a true bill. If the grand jury refuses to indict the defendant, it is referred to as a no bill. The prosecutor instead works with the grand jury. Reasons why the prosecutor is involved is because they decide whether criminal charges or an indictment should go against the defendant. All the states have provisions in their laws that allows for grand juries, half of them don’t use them. Grand jury is one of the first procedures in a criminal trial. Grand juries are mainly reserved

The “special” federal grand jury, that was created in 1970, can be used to investigate “possible” organized criminal activity in preference to a specific crime. Grand

juries have been used by the government to gather information on political movements, because of their broad subpoena powers.

The due process clause of the constitution commands that no one may be “deprived of life, liberty, or property without the due process of law.” The due process of law can be found in the Fifth and Fourteenth amendment of the United States constitution. This amendment restricts the powers of the federal government and applies only to actions by it. Although the clause itself speaks in general terms, it has come to be understood legally and popularly as requiring fair and established rules and procedures. The grand jury squares with the due process of law because a grand jury decides whether is it viable to forth to prosecute someone, meanwhile the due process of law is the fair treatment through the normal judicial system. The grand jury treats the defendant fairly when prosecuting someone of a crime that was