Explain why a grand jury is used rather than the prosecutor simply issuing a criminal charge.
http://www.uscourts.gov/FederalCourts/JuryService/about-jury-service.aspx
http://www.nolo.com/legal-encyclopedia/why-prosecutors-choose-grand-juries-preliminary.html
Look it up on line. There are several good explanations if you use your search engine and enter "grand juries." Basically, a grand jury is used for not only criminal investigations (it's an investigative body, not to determine guilt or innocence) but for civic wrongdoing, as if an office holder may have taken bribes, etc. But look it up for a more complete explanation.
okay thank you the nolo site helped a lot
You're welcome.
A grand jury is used instead of the prosecutor simply issuing a criminal charge to provide an additional layer of protection for the accused individuals. Its purpose is to determine whether there is enough evidence to bring criminal charges against someone. Here's why a grand jury is utilized:
1. Independence and Fairness: The grand jury consists of a panel of citizens selected from the community, typically 16-23 members. This selection process aims to ensure a diverse representation of the community and minimize any potential biases. By involving neutral citizens in the decision-making process, the grand jury system promotes fairness and independence.
2. Evidence Evaluation: The grand jury's primary duty is to review evidence presented by the prosecution. This allows them to gauge the strength and credibility of the evidence, ensuring that the prosecutor has sufficient grounds to proceed with the charges. The grand jury's role is not to determine guilt or innocence but to assess whether there is probable cause to indict the accused.
3. Protecting the Accused: The grand jury acts as a safeguard against unfounded or malicious prosecutions. Its open proceedings allow the accused or their attorneys to challenge the evidence, present their own witnesses, and provide any exculpatory evidence that might undermine the prosecution's case. This process aims to prevent wrongful prosecutions and baseless charges.
4. Public Confidence: The grand jury system contributes to transparency and enhances the public's trust in the criminal justice system. By allowing citizen participation in the decision-making process, it helps maintain accountability and serves as a check on prosecutorial power. The involvement of a grand jury helps ensure that the decision to pursue criminal charges is not solely reliant on the discretion of the prosecutor.
In summary, a grand jury is used to provide an impartial evaluation of the evidence and protect individuals from unwarranted prosecutions. By involving a group of citizens in the decision-making process, it helps maintain fairness, independence, and public confidence in the criminal justice system.