Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought.[1]
The grand jury originated under the law of England and spread through colonization to other jurisdictions as part of the common law. Today, the United States is one of only two jurisdictions, along with Liberia, that continues to use the grand jury to screen criminal indictments.[2] Japan also uses the system similar to civil grand juries used by some U.S. states to investigate corruption and other more systemic issues.[3]
As of 1971, generally speaking, a grand jury may issue an indictment for a crime, also known as a "true bill," only if it verifies that those presenting had probable cause to believe that a crime has been committed by a criminal suspect.[4]
Unlike a petit jury, which resolves a particular civil or criminal case, a grand jury (typically having twelve to twenty-three members) serves as a group for a sustained period of time in all or many of the cases that come up in the jurisdiction, generally under the supervision of a federal U.S. attorney, a county district attorney, or a state attorney-general, and hears evidence ex parte (i.e. without suspect or person of interest involvement in the proceedings).
The federal government is required to use grand juries for all felonies, though not misdemeanors, by the Fifth Amendment to the United States Constitution.[5] All states can use them, but only half actually do with the others using only preliminary hearings.[6]
Some states have "civil grand juries," "investigating grand juries," or the equivalent, to oversee and investigate civil issues instead of criminal ones.[7][additional citation(s) needed]