Do Grand Juries Have to be Unanimous for Indictment?

When it comes to grand juries, one of the commonly asked questions is whether a unanimous decision is required. While the grand jury process aims to ensure fairness and thoroughness, the requirement for a unanimous verdict is not always mandatory. In this article, we will explore the intricacies of grand jury procedures and the principles behind the decision-making process.

Overview of Grand Juries

A grand jury is an investigative body that usually consists of 23 members. The primary role of a grand jury is to determine whether sufficient evidence exists to charge someone with a crime. They accomplish this by examining evidence, questioning witnesses, and making recommendations to a prosecutor or a judge. Grand juries may also conduct their own investigations, providing them with a comprehensive overview of potential crimes.

Decision-Making Process without Unanimity

The decision to issue an indictment does not need to be unanimous. Instead, only 12 jurors must agree to move forward with the indictment. This means that a simple majority, or a bare majority, is sufficient to pass the indictment. In cases like the investigation into former President Donald Trump, a grand jury would have needed at least 12 jurors to agree to move forward, even if it had been a unanimous decision amongst the 23 members.

Procedure and Voting Requirements

At the end of the grand jury proceedings, legal instructions are read to the jurors. These instructions include the possibility of voting on an indictment. While the decision to indict does not require a unanimous vote, it is essential that a sufficient number of jurors agree to move forward. This ensures that the decision is not made haphazardly but with a degree of consensus.

In practice, if all 23 jurors agree, the indictment is called a "true bill" and sent to a judge. However, the process can also come to a standstill if even one juror is absent. For instance, if only 16 jurors are present, and one needs to leave the room (e.g., for a bathroom break), the proceedings would halt, and a general break would be called. Once the necessary quorum (12 jurors) is re-established, the voting process can resume.

Non-Trial Function of Grand Juries

It is important to note that a grand jury is not a trial jury. The role of the grand jury is purely investigative, and they do not have the authority to convict. Instead, their primary function is to decide whether there is sufficient evidence to bring charges. If a majority of the grand jury finds that such evidence exists, they may issue an indictment. This process is designed to protect the rights of the accused by ensuring that charges are only brought after careful consideration of the evidence.

Conclusion

In summary, while grand juries play a crucial role in the legal system by evaluating evidence and recommending indictments, their decision does not have to be unanimous. A simple majority, or at least 12 jurors, is sufficient to pass an indictment. This approach balances the need for thorough investigation with the practical limitations of human agreement.

Keywords:

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References:

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