Grand Juries Explained: 4 Things Most People Don’t Know
- Cory D. Raines
- 6 days ago
- 3 min read
Updated: 3 days ago
Introduction
Most people have heard the term “grand jury,” but far fewer understand what it actually means or how the process works. A basic understanding of how a grand jury is explained in practice can make it easier to follow major criminal cases and legal developments.
While grand juries operate behind the scenes, they play a significant role in the criminal justice system.
1. Grand Juries Are Rooted in the Constitution
Grand juries are not just a procedural tool—they are built into the foundation of the U.S. legal system.
The Fifth Amendment provides that individuals cannot be charged with certain serious crimes without an indictment by a grand jury. This reflects the idea that citizens, not just prosecutors, should play a role in deciding whether criminal charges move forward.
2. They Serve a Different Role Than Trial Juries
Grand juries are often confused with trial (also called petit) juries, but their roles are very different.
Grand juries determine whether there is enough evidence to bring charges
Trial juries determine guilt or innocence
Grand juries typically consist of 12 to 23 individuals and review evidence presented by prosecutors to decide whether probable cause exists. This standard—probable cause—is significantly lower than the “beyond a reasonable doubt” standard required at trial.
3. The Process Is Conducted in Secret
One of the defining features of grand jury proceedings is confidentiality.
These proceedings are generally not open to the public, and this serves a few key purposes:
Encouraging witnesses to speak freely
Protecting the integrity of ongoing investigations
Preventing potential defendants from interfering with the process
Because of this secrecy, much of what happens during a grand jury investigation is never publicly disclosed.
4. Proceedings Are Less Formal Than a Trial
Grand jury proceedings operate very differently from a courtroom trial.
In most cases:
Prosecutors present the evidence
Witnesses may be called to testify
There is no judge presiding in the same way as a trial
Defense attorneys are typically not present inside the room
The process is focused on determining whether enough evidence exists to issue an indictment, not resolving the case itself. If the grand jury finds sufficient evidence, it issues what is known as a “true bill” (an indictment). If not, the case does not proceed.
Why This Still Matters Today
Even though grand juries are rarely seen by the public, they remain a key part of how criminal cases begin, particularly at the federal level.
Understanding how a grand jury is explained in practice helps provide context for:
High-profile criminal cases
Indictment announcements
The early stages of prosecution
Grand Jury Explained
Grand juries have been part of the American legal system for centuries, and despite ongoing debate about their role, they continue to serve as a gateway to criminal prosecution.
Having a basic understanding of how they function makes it easier to follow and interpret legal developments as they unfold.
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