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In the common law, a grand jury is a type of jury that determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments. A grand jury is traditionally larger than and distinguishable from a petit jury, which is used during a trial.
In the early decades of the United States grand juries played a major role in public matters. During that period counties followed the traditional practice of requiring all decisions be made by at least 12 of the grand jurors, so that for a size of 23 a bare majority would be 12. Any citizen could bring a matter before it directly, from a public work that needed repair, to a delinquent official, to a complaint of a crime, and they could conduct their own investigations. In that era most criminal prosecutions were conducted by private parties, either a law enforcement officer, a lawyer hired by a crime victim or his family, or even by laymen, who could bring a bill of indictment to the grand jury, and if the grand jury found there was sufficient evidence for a trial, that the act was a crime under law, and that the court had jurisdiction, then by returning the indictment to the complainant, it appointed him to exercise the authority of an attorney general, that is, one having a general power of attorney to represent the state in the case. The grand jury served to screen out incompetent or malicious prosecutions.[4] The advent of official public prosecutors in the later decades of the 19th century largely displaced private prosecutions.
Grand juries are today virtually unknown outside the United States. England abandoned grand juries in 1933 and instead uses a committal procedure, as do all Australian jurisdictions. In Australia, the State of Victoria maintained, until 2009, provisions for a grand jury in the Crimes Act 1958 under section 354 Indictments, which had been used on rare occasions by individuals to bring other persons to court seeking them to be committed for trial on indictable offenses. New Zealand abolished the grand jury in 1961. Canada abolished it in the 1970s. Today approximately half of the states in the U.S. employ them, and only twenty-two require their use, to varying extents. Most jurisdictions have abolished grand juries, replacing them with the preliminary hearing at which a judge hears evidence concerning the alleged offenses and makes a decision on whether the prosecution can proceed.
A grand jury is meant to be part of the system of checks and balances, preventing a case from going to trial on a prosecutor's bare word.
Unlike many other provisions of the Bill of Rights, the Supreme Court has ruled that this requirement was not incorporated to apply to state courts via the Fourteenth Amendment, and states therefore may elect not to use grand juries.
Runaway grand jury
Occasionally, grand juries go aggressively beyond the control of the prosecuting attorney. When the grand jury does so the situation is called a runaway grand jury. Runaway grand juries sometimes happen in government corruption or organized crime cases if the grand jury comes to believe that the prosecutor himself has been improperly influenced. Such cases were common in the 19th century but have become infrequent since the 1930s.
One grand juror reported, "We no-billed 12 cases in 11 weeks, 4 percent of those presented. But prosecutors wanted us to no-bill more than half of these. They were cases with some political sensitivity where the district attorney felt the need to be able to blame the decision on the grand jury."
Wickipedia
Originally posted by Southern Guardian
reply to post by endisnighe
To be honest the idea of a grand jury is just an excuse to avoid the courts. Usually when a group fo people fail to get a lawsuit through court, they insist on forming their own grandjury to somehow do it themselves and declare an individual guilty, hence the birthers and their own grand juries. They know that their arguments would not fly in court so they conveniently move forward to form their own trials where they will not have their arguments challanged, its a joke.
In anycase if a group of citizens or an individual has solid evidence against another individual there is nothing stopping them from presenting in court. For example, if you have solid evidence that Barack Obama was born in Kenya, if you can bring in the health director to deny that he was born in Hawaii, if you can bring in a Kenyan citizenship official to confirm his birth on record there and if you can prove that his 8 month pregnant teen mother managed to some how afford and make the 7 day flight to Kenya (you'd need flight records from that time), there is nothing stopping you from presenting it to court. Better yet, you have your Republican representitives? So why not forward the evidence to them?
You don't have the right to make a citizens arrest of somebody because you don't hold that authority. A person is innocent until proven guilty, and we have courts to deal with that matter. A group of citizens cannot all of a sudden have the authority to arrest who they want. I have no problem with a group of people gathering and bringing evidence against somebody, so long as they take it through the court system. To me the idea of a grand jury with the kind of authority your discuss in your OP is just an excuse for disgruntled voters to get their way because the legal system and laws prevent them from doing so.
Originally posted by endisnighe
I did not bring up Obama, you did.
Since you did not read the OP, Grand Juries DO NOT FIND GUILT!
Originally posted by Southern Guardian
Originally posted by endisnighe
I did not bring up Obama, you did.
Yes I did. Im using the case on Obama and the birthers as an example because this is where I have seen the use of Grand Juries for the most part. You bring up the topic just in time now as well as pastor manning is holding his own grand jury on the president, along with the birthers.
Since you did not read the OP, Grand Juries DO NOT FIND GUILT!
Then what exactly is an indictment? You also argued the right for these grand juries to bring the person supposedly guilty in, to make the arrest:
'With this indictment, warrants would be issued for the arrest and then presentment to a jury trial. Private individuals could be assigned the duty of arrest
These juries have the right to issue a warrant? Imagine a group of citizens having the ability to deny another citizen of his or hers 5th ammendment rights. I am sorry but that does not sit well with me. If the police do so, they do through proper guidelines and laws inacted in this land. Grand juries can be for the most part disorganized, can vary in protocol.
In anycase you still have not addressed my point. If a group of people have solid evidence against somebody else, what is stopping them from taking it directly to court?
Grand juries usually have two primary functions: investigation and indictment. Grand-jury investigations usually involve crimes. However, some states allow grand juries to investigate alleged misconduct of public officials, corruption, prisons, public records, and other public offices or facilities. Investigatory grand juries may subpoena witnesses, invoke the court’s contempt power, and perform other similar duties to obtain information and make a decision. The indicting function involves screening possible criminal cases for trial or, at a later stage in the proceedings, reviewing the prosecutor's charges and returning a "true bill." While grand juries have a long legal history, today the term "indictment" usually refers to any grand-jury accusation, whether presented on its own or based on information from the prosecutor.
Originally posted by Southern Guardian
Since you did not read the OP, Grand Juries DO NOT FIND GUILT!
Then what exactly is an indictment? You also argued the right for these grand juries to bring the person supposedly guilty in, to make the arrest:
'With this indictment, warrants would be issued for the arrest and then presentment to a jury trial. Private individuals could be assigned the duty of arrest
In the common law legal system, an indictment (pronounced /ɪnˈdaɪtmənt/ in-DITE-mənt) is a formal accusation that a person has committed a criminal offense. Wickipedia
Originally posted by endisnighe
You even include the action that a Grand Jury makes. That there is enough evidence to bring this to TRIAL. Not to court but to TRIAL. Let me say that once more, TRIAL. Where the evidence is presented.
Did you know that Grand Juries are ALWAYS held in secret? This is not so that it is like a lynching. It is so that the accused, if there is not sufficient evidence, the information is not put out.
What forces a judge to hear a case? What forces the cops of doing anything if a complaint is made? What forces a DA to bring charges?
I guess you think citizens have no rights.
Originally posted by FortAnthem
A civilian Grand Jury would be able to decide that a person could be charged with a crime and should be arrested.
The difference here is that the people decide if an offence is a crime or not, not some biased government agency.
Originally posted by Southern Guardian
Again what is the point of having a grandjury when you already have the evidence to take a person to court? This fact still is not explained. Gathering a group of people to make judgement upon a person based on evidence, and then giving another citizen the authority to bring that person in, it leaves so much open to abuse in my opinion. I am sure you know what a lynching mob is, sometimes the consensus of a large group of people is not fair and logical. What will stop a grand jury of citizens from abusing the authority to make a citizens arrest?
What prevents a person from bring a lawsuit against somebody? Are you saying to cannot bring a lawsuit in this country even with solid evidence? What examples do you have where the courts have failed?
On the contrary, I think the idea of giving grand juries such authority endangers the rights of an individual. Essentially a person can be arrested on the bases of what a mob disguised as a grand jury decides. Even if the arrest is to bring the person into trial, and a warrent is issued by the grand jury, what is stopping the grand jury of citizens from abusing that power for certain reasons?
Originally posted by endisnighe
What is to stop a DA from abusing their authority? What is to keep an AG from abusing his authority? What is a person to do when the police or others will not go after a criminal?
We could do this what if stuff, all night.
Lawsuits are civil trial. They are different than criminal.
Have you ever heard of unlawful detention? If such a thing occurred such as you are suggesting, the Grand Jury could be brought up on charges.
A DA is bringing charges of terroristic threat to an 8th grader for drawing stick figures, one with a gun pointing a gun at the other with the name of the teacher above.
Yes, your system is working so well right now.
Originally posted by endisnighe
Why do you hate the Constitution?
Why do you hate rights for the people?
Why do you love criminals in government?
Why do you love criminals in multi national corporations?