Federal Grand Jury
The Fifth Amendment to the U.S. Constitution provides that charges for all capital and "infamous" crimes be brought through an indictment by a grand jury. Although the founding fathers had envisaged the primary function of the federal grand jury as protection of the citizens against tyranny by the government, its protective role has eroded over the years -- making its current function in the criminal system highly controversial. This paper outlines the basic duties of a federal grand jury and discusses some of the controversial issues facing it.
Basic Duties
The provision of the Fifth Amendment regarding grand juries has been interpreted to mean that an indictment by a federal grand jury is required for charging federal felonies. The Supreme Court has held that this part of the Fifth Amendment is not binding on the States; hence the use of grand juries is not binding on the States. (Brenner 2003) Historically, the duties of federal grand juries have included deciding whether someone should be charged for committing a crime, and investigating criminal activity and the conduct of public affairs. Over the years the public affairs function of the grand jury...
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