GRAND JURY

Grand jury proceedings are a method used by prosecutors to bring criminal charges against a lawbreaker.

Note that in a grand jury proceeding a group of citizens decides whether or not the state has enough evidence to proceed, unlike in a preliminary hearing where a single judge hears the two sides and makes the determination. A prosecutor will often convene a grand jury when investigating complicated criminal matters.

Most courts have rules that prohibit disclosure of grand jury proceedings. The rules typically apply to the government attorneys, the grand jury members, and the court personnel. Violators of the rules can be held in contempt of court, and sent to jail. This is often not carried out, however, as it is often difficult to prove leaked information came out of the grand jury proceeding itself and to identify exactly who made the prohibited disclosure.

Another problem in keeping the proceedings secret arises because the prohibition against disclosure often does not apply to a person subpoenaed to appear before a grand jury. Witnesses are free to discuss their testimony with the media or with anyone else, unless the judge expressly orders them not to.

Persons who are the subject of a grand jury proceeding are not entitled to any notice regarding the scope of the investigation or the nature of the incidents under consideration. They are generally not allowed to have an attorney present with them in the grand jury room, but may be permitted to leave from time to time to consult with an attorney outside the grand jury room.

Grand jury usage varies from state to state; Washington State uses preliminary hearings.

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