What are the duties of a grand jury in a criminal case?
The duties of a criminal juror are simalar to the ones of a social juror. Both are required to pay attention in court, listen to all the proof presented and make a decision at the end of the trial based upon the proof presented and the law, as instructed by the judge. In most illegal cases, jurors will will not be asked to pass a sentence on the defendant. The judge gets to force a sentence if a jury decides that a defendant is guilty.
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The duties of a grand jury in a criminal case are to review evidence and determine whether there is enough probable cause to charge someone with a crime and proceed to trial. Here's how you can understand the duties of a grand jury in a criminal case:
1. Research the role of a grand jury: Start by researching what a grand jury is and how it differs from a trial jury. A grand jury is typically made up of citizens who serve for a specific period and are responsible for reviewing the evidence presented by the prosecution.
2. Study the legal process: To understand the duties of a grand jury, you need to familiarize yourself with the legal process. Learn about the phases in a criminal case, including pre-trial, trial, and post-trial. This will help you grasp the specific function of the grand jury within this process.
3. Review the legal standards: The grand jury operates under the legal standard of probable cause. This means they must determine whether there is enough evidence to suggest that a crime has been committed and that the accused likely committed it. Research probable cause and how it is used to establish the grounds for charging a person with a crime.
4. Explore the role of evidence: Grand jurors, upon receiving evidence from the prosecution, analyze its reliability, credibility, and sufficiency. They evaluate witness testimony, physical evidence, and other relevant information to assess whether there is a reasonable basis to believe that the accused committed the crime.
5. Consider the decision-making process: The grand jury's decision-making process is usually confidential, and its members deliberate behind closed doors. Unlike a trial jury, which determines a defendant's guilt or innocence, the grand jury's primary purpose is to determine whether charges should be filed against an individual.
By following these steps, you can gain a comprehensive understanding of the duties of a grand jury in a criminal case. Remember to consult reliable legal sources and seek guidance from legal professionals for specific or up-to-date information.