3 ms·

Yes a grand jury is just the prosecutor and jury. It's secret and the defendant doesn't even know. It's a way to start a case, not sure when a prosecutor needs

by homero 5y ago

Yes a grand jury is just the prosecutor and jury. It's secret and the defendant doesn't even know. It's a way to start a case, not sure when a prosecutor needs or doesn't need a grand jury.

NovemberWhiskey 5y ago
It's usually the misdemeanor / felony boundary.
at-fates-hands 5y ago
There are reasons in which it is an appropriate or desirable alternative to a preliminary hearing. The California Grand Jury Association cites multiple surveys that have been taken of California district attorneys, who listed the following factors as influential in the decision to seek a grand jury indictment rather than using the preliminary hearing: • High public interest in the case; • The fact that a preliminary hearing would take more time than a grand jury hearing; • The necessity for calling children or timid witnesses who would be subject to cross‑examination at a preliminary hearing; • The ability to test a witness before a jury; • Where the secrecy of the grand jury may allow defendants to be charged and taken into custody before they can pose potential danger to a witness' safety or flee from the jurisdiction; • Where the identity of undercover agents needs to be protected; • The existence of a weak or doubtful case which the district attorney wishes to test; • The opportunity to involve the community in case screening; and • Whether the case involves malfeasance in office. https://www.pooleshaffery.com/news/2014/december/a-crash-course-in-the-american-grand-jury-system/ https://www.pooleshaffery.com/news/2014/december/a-crash-cou...
- wildfire 5y ago
  Thanks for the list, I still would like to understand why a Grand Jury needs to exist when our countries, presumably, also have the same set of problems but not a Grand Jury. I wonder how other common law systems handle this (not a lawyer, am genuinely asking).

by homero 5y ago

Yes a grand jury is just the prosecutor and jury. It's secret and the defendant doesn't even know. It's a way to start a case, not sure when a prosecutor needs or doesn't need a grand jury.

NovemberWhiskey 5y ago

It's usually the misdemeanor / felony boundary.

at-fates-hands 5y ago

There are reasons in which it is an appropriate or desirable alternative to a preliminary hearing. The California Grand Jury Association cites multiple surveys that have been taken of California district attorneys, who listed the following factors as influential in the decision to seek a grand jury indictment rather than using the preliminary hearing: • High public interest in the case; • The fact that a preliminary hearing would take more time than a grand jury hearing; • The necessity for calling children or timid witnesses who would be subject to cross‑examination at a preliminary hearing; • The ability to test a witness before a jury; • Where the secrecy of the grand jury may allow defendants to be charged and taken into custody before they can pose potential danger to a witness' safety or flee from the jurisdiction; • Where the identity of undercover agents needs to be protected; • The existence of a weak or doubtful case which the district attorney wishes to test; • The opportunity to involve the community in case screening; and • Whether the case involves malfeasance in office. https://www.pooleshaffery.com/news/2014/december/a-crash-course-in-the-american-grand-jury-system/ https://www.pooleshaffery.com/news/2014/december/a-crash-cou...

wildfire 5y ago
Thanks for the list, I still would like to understand why a Grand Jury needs to exist when our countries, presumably, also have the same set of problems but not a Grand Jury. I wonder how other common law systems handle this (not a lawyer, am genuinely asking).