Based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed, discuss the purpose of a grand jury issuing a true bill (criminal charge) or not.
The purpose of a grand jury issuing a true bill or not (deciding to bring criminal charges or not) is to provide a safeguard against unwarranted prosecutions and to ensure that there is sufficient evidence to support a criminal charge. Let's break down the process and the purpose of a grand jury's decision.
1. What is a grand jury?
A grand jury is a group of citizens, usually 16-23 individuals, who are summoned to determine whether there is enough evidence to bring criminal charges against a person. Unlike a trial jury, which decides guilt or innocence, a grand jury's purpose is to investigate and ascertain if there is enough evidence to proceed with formal charges.
2. What does the prosecutor present to the grand jury?
The prosecutor presents evidence to the grand jury, including witness testimony, documents, and other evidence. The purpose of this presentation is to establish "probable cause," which means that there is a reasonable basis to believe that a crime has been committed and the accused likely committed it. The prosecutor's goal is to convince the grand jury that there is enough evidence to proceed with a criminal charge.
3. What does the grand jury consider?
The grand jury evaluates the evidence presented by the prosecutor to determine if it meets the threshold of probable cause. They carefully consider the evidence, witness testimonies, and any related information provided. The grand jury's task is to decide if there is sufficient evidence to justify formal charges against the accused.
4. The grand jury decision: True bill or no true bill?
The grand jury's decision can result in one of two outcomes:
- True Bill: If the grand jury issues a true bill, it means they believe there is enough evidence to charge the individual with a crime. This decision initiates the formal criminal proceedings against the accused, leading to an indictment or an information (depending on the jurisdiction).
- No True Bill: If the grand jury issues a no true bill, it means they find insufficient evidence to proceed with formal charges. In this case, the accused is not indicted or charged with a crime, and the case typically ends at this stage.
5. Purpose of the grand jury decision:
The grand jury's decision to issue a true bill or not serves several important purposes:
- Protection against unwarranted prosecutions: It acts as a safeguard to prevent unjustified or baseless criminal charges. The grand jury stands as an independent body, representing a collective judgment of the community, and ensures a check on the prosecutor's discretionary powers.
- Establishing a reasonable basis for prosecution: The grand jury decision helps ensure that there is a reasonable likelihood of the accused's guilt. It helps filter cases where there might be limited evidence or weak allegations, reducing the risk of wrongful convictions.
- Ensuring public confidence in the criminal justice system: The process of presenting evidence to a grand jury adds transparency and legitimacy to the criminal justice system. The grand jury's impartial evaluation of evidence provides a sense of public confidence and helps maintain the integrity of the legal process.
In summary, the purpose of a grand jury issuing a true bill or not is to critically evaluate the evidence presented by the prosecutor, deciding whether there is enough evidence to support formal criminal charges. It acts as a safeguard against unfair prosecutions, establishes a reasonable basis for prosecution, and ensures public confidence in the criminal justice system.