A Powerful Tool For Prosecutors

The Grand Jury: A Cornerstone of the American Criminal Justice System

A Powerful Tool for Prosecutors

A grand jury is a legal body comprised of laypeople that plays a crucial role in the American criminal justice system. Its primary function is to determine whether there is probable cause to believe that a person has committed a crime and should stand trial.

Protecting the Rights of the Accused

The grand jury serves as an important safeguard for the rights of the accused. It provides an accused with the right to be tried by a jury of his peers, giving him an inestimable safeguard. In all criminal cases (not necessarily all civil cases), the defendant has the constitutional right to a grand jury.

The Grand Jury Process

A grand jury is empaneled by a judge and typically consists of 12 to 23 members. The prosecutor presents evidence to the grand jury, which then decides whether to issue an indictment, which is a formal accusation that the person has committed a crime. If the grand jury votes to indict, the case will proceed to trial.

Constitutional Provisions

Provisions for a grand jury are spelled out in Article V Section 34a of the Louisiana Constitution of 1974, which states that "in all criminal prosecutions, the accused shall have the right to trial by a jury of twelve jurors, nine of whom must concur to render a verdict."

Conclusion

The grand jury is a powerful tool for prosecutors, but it also plays a vital role in protecting the rights of the accused. Its existence ensures that individuals are not wrongfully accused or subjected to trial without probable cause.