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How Does a Grand Jury Work?

The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring charges, or an indictment, against a potential defendant. Grand jury members may be called for jury duty for months at a time, but need only appear in court for a few days out of every month. Regular court trial juries are usually 6 or 12 people, but a grand jury is 23 people.

Grand Jury Proceedings


However, unlike the vast majority of trials, grand jury proceedings are kept in strict confidence. This serves two purposes: first, it encourages witnesses to speak freely and without fear of retaliation. Second, it protects the potential defendant's reputation in case the jury does not decide to indict.

The Grand Jury's Decision and a Prosecutor's Discretion


If the grand jury chooses to indict, the trial will most likely begin faster. Without a grand jury indictment, the prosecutor has to demonstrate to the trial judge that she has enough evidence to continue with the case. However, with a grand jury indictment, the prosecutor can skip that step and proceed directly to trial.

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