What Is The Role Of The Modern Day Grand Jury? Part II

A grand jury has some very important roles in the criminal justice system. As noted, the initial role (or the reason for its initiation in the middle-ages) was to provide a buffer from the prosecution to the individual that stands accused of a crime. That role continues today. However, there are several aspects of a grand jury that can have a dramatic affect on an individual's liberty.

First, all proceedings under the grand jury are secret. That is, generally there is no record of the grand jury proceeding, there is no press, and there should be no statements by any of the party's involved in the process. Thus, it is a way for the State to present all of its evidence to an third party and determine the strength and weakness of its case. For example, the grand jury is allowed to ask the State questions and ask for more investigation.

Also, constitutional restrictions do not apply when the State is presenting evidence to a grand jury. For example, as we will discuss in a future blog, the police are supposed to read someone his or her Miranda warnings before they interrogate a person that is in custody. If the police do not do this properly and the suspect confesses then the police are not allowed to use that confession during trial. However, these rules do not apply during a grand jury proceeding and thus inadmissible evidence can be used during the proceeding.

If you have been charged with a crime and the case is pending before the grand jury, contact a Plano criminal defense attorney.