The Federal Grand Jury in the Criminal Justice System

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Table of Contents

Introduction
Formation of a federal grand jury
Problems faced by a federal grand jury
Reforms in a federal grand jury
Conclusion
References

Introduction

A grand jury is an important component in a judicial process especially in a criminal case. It provides value to a trial process by embarking on a fact finding mission for a particular case. A grand jury can unearth crucial information that can be used to make the right ruling in a case. The Attorney General of a given country may direct the prosecutor to form a grand jury in regard to a certain criminal case. Individuals or parties may also request for the formation of a grand jury. In most countries, some laid out procedures must be followed when forming a grand jury. For instance, the President of the United States of America may not directly request for the formation of a grand jury but can do so by directing the Attorney General to constitute a grand jury. A keener look at the formation of grand juries reveals that there are salient issues that must be addressed like the need for reforms. The following analysis will help us appreciate why reforms in the federal grand juries are necessary.

Formation of a federal grand jury

A federal grand jury is a group of legally qualified individuals. In the federal system, the grand jury may include sixteen to twenty three members. The qualifications needed for individuals to be in the grand juries may vary in different countries and states (Hall, 2008). After the jurors are selected, they are sworn in by judges of courts of law. The sitting term of a grand jury is also dependent on a country or state. In a federal system, it can last up to a period of thirty six months depending on the case and the laid out procedures. Some juries convene twice a month. Others convene once a month while some do not convene at all until when the prosecutor requests them to do so. The grand jury that investigated President Bill Clinton’s relationship with Monica Lewinsky, a former white house intern, used to meet twice a week. The grand jury has no authority to condemn or declare if one is guilty of the charges conferred against him or her. After listening to the evidence given, the grand jury should make a decision on whether one should be charged or not. For example, in the criminal case regarding O.J. Simpson, the prosecutors wanted the grand jury to charge Simpson with the murder of Nicole Brown and Ronald Gold. However, the defense counsels objected this move. The prosecutors went ahead and filed a petition stating that the publicity of the case in the media could alter the facts of the case. This would lead to prejudiced charges. The judge consented to the view by the prosecutors. The grand juries may face objections in the courts. Individuals, governments or even the defendants may challenge the grand juries (Malloy, 1994). Various grounds may be used as the foundations for the objections to the grand juries. For instance, one may challenge the qualifications of the jurors. Motions may also be filed objecting the verdicts of the cases in courts.

Problems faced by a federal grand jury

The grand juries can be faced with several challenges in their work. These challenges occur when the defendants are not given enough representation in courts. Some defendants may not have any form of immunities for example, diplomatic immunities. The defendants may be required to appear before the grand juries without being accompanied by their counsels. The rules governing the presentation of evidence in court are important before any criminal trial. The rules ensure that standards are complied with. Substantial evidence has to be adduced in court for any case to meet the legal threshold required by the grand juries.

In some countries, there are clear and elaborate procedures on the admission of jurors to a court of law. In some instances, aspects of training, recruitment, and orientation of the jurors in courts are not elaborate. In other instances, wages and remunerations are not standardized. These in a way have diluted professionalism in the federal grand jury systems. The manner in which the grand juries are constituted is an important aspect in this study. The formation defines the physical layouts of the grand juries. The regulations defining what the jurors should do and what they should not do during the proceedings are also outlined at the formation stage. For example, in some countries, the jurors are not supposed to make notes during the proceedings of the grand juries.

Reforms in a federal grand jury

In order to adequately address the problems and challenges experienced by the federal grand juries, several reforms are deemed necessary in order to create grand juries that are standard and effective. Reforms in the judicial systems are strong pillars needed to create effective grand juries. Several reforms may be proposed in the federal criminal procedures. The rights of the defendants should be upheld whether immunity is provided or not. In the proceedings of the grand juries, it is very important that the counsels accompany the defendants. It is important that the defendants are allowed to give evidence. The evidence provided may be used to acquit the defendants. Social justice is an important factor in regard to criminal justice. It is therefore important to come up with rules and regulations that comply with social justice.

The jurors serving in the grand juries should be adequately trained. Professionalism should be exercised in their recruitments. Professional codes of ethics should be formulated in line with the missions and visions of the grand juries. Guidelines on the appropriate schedules for meetings to be held by the grand juries should be formulated (Redfem, 2004). The appointing authorities of the juries and the time when the juries should be appointed should be stated in the guidelines. Remunerations and wages for the juries are aspects that need to be well addressed (Jakoby, 2005). If they are not well addressed, they may create low esteem among the jurors. The harmonization of salaries should be properly looked into. The United Nations Organization has formulated standards of criminal justice. The United Nations Organization is therefore better placed to spearhead worldwide campaigns in favor of criminal justice. It is important for countries to conform to the standards of criminal justice required by the United Nations Organization.

Conclusion

Some countries no longer have grand juries in their criminal justice systems. Other countries like the United States of America still use the federal grand juries in their criminal justice systems. Important measures must then be put in place so as to ensure that the grand juries are effective and that they deliver justice for all.

References

Hall, J.W. (2008). A Fairer and More Democratic Federal Grand Jury System. Federal Sentencing Reporter, 20(5), 334-336.

Jakoby, S. M. (2005). Cycles of Economic Thought. Economic Ideas and the Labour Market. Comparative Labor Law and Policy Journal, 25 (1), 43–78.

Malloy, R. P. (1994). Adam Smith and the Modern Discourse of Law and Economics. Adam Smith and the Philosophy of Law and Economics, 23(3), 45-58.

Redfem, A. (2004). Regulation of International Arbitration. Law and Practice of International Commercial Arbitration, 21(2), 12-27.

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The Federal Grand Jury in the Criminal Justice System

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