Written by attorneys · grounded in primary & secondary sources — see below
A person serving on a grand jury.
Sources & Authorities
How it applies
Common Examples
6
Motion to Dismiss Over Unqualified Juror
Gary Goldman faced an indictment from a federal grand jury that included one member later revealed to have a disqualifying felony conviction. Goldman filed a motion to dismiss the indictment citing the juror's lack of legal qualification. The court denied the motion after confirming that twelve other qualified jurors had concurred in the indictment.
Disclosure to Agency Engineer
Georgia Gibbs served on a grand jury investigating falsified safety records at a power company. The prosecutor disclosed transcripts to a federal regulatory engineer for help evaluating technical evidence needed to decide on charges. The engineer reviewed the materials solely to assist the prosecutor's criminal enforcement duties.
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Statutes
Federal Rules
Dictionaries
Reporter Questioned by Grand Jury
Genevieve Gardner sat as a grand juror during an investigation into local corruption. A reporter refused to identify sources when called to testify before the same grand jury. The court weighed the reporter's claims against the grand jury's need for complete evidence.
Branzburg v. Hayes408 U.S. 665 (1972)
Newspaper Article on Grand Jury
Gavin Grant served as a grand juror while a local paper published details about ongoing proceedings. The article criticized several members and speculated about their votes. The publication raised questions about interference with the grand jury's work.
Near v. Minnesota ex rel. Olson283 U.S. 697 (1931)
Public Access to Indictment Names
Greta Goldstein participated as a grand juror in a high-profile case. After the indictment was filed, a broadcaster obtained and aired the names of victims listed in the charging document. The disclosure occurred without any court order sealing the records.
Cox Broadcasting Corp. v. Cohn420 U.S. 469, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975)
Knowledge of Juror Status in Conspiracy
Gareth Glover sat on a grand jury examining a drug distribution ring. One defendant later claimed he did not know certain participants were grand jurors when discussing the investigation. The court examined whether that lack of knowledge affected liability for obstructing the proceeding.
United States v. Feola420 U.S. 671 (1974)
Common questions
Frequently Asked
4
How does a defendant challenge an individual grand juror's legal qualification?+
A defendant may move to challenge a grand juror on the ground that the juror is not legally qualified. The motion may also support a later request to dismiss the indictment if the disqualification is established.
When will a court refuse to dismiss an indictment despite an unqualified grand juror?+
A court must not dismiss the indictment on the ground that a grand juror was not legally qualified if the record shows that at least twelve qualified jurors concurred in the indictment.
May a prosecutor disclose grand jury materials to a non-juror government employee?+
A prosecutor may disclose grand jury matters to government personnel when the attorney considers their assistance necessary to perform the duty to enforce federal criminal law, provided the recipient uses the information only for that purpose.
What minimum number of grand jurors must concur to return a valid indictment?+
An indictment requires the concurrence of at least twelve qualified grand jurors. If fewer than twelve qualified jurors concur, the indictment is invalid and subject to dismissal.
418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789 (1974)Torts
…B. E. Darby & Sons, Inc. , 291 Minn. 468, 476-477, 193 N. W. 2d 139, 145 (1971) (newspaper editorial concerning performance of grand jurors); Whitmore v. Kansas City Star Co. , 499 S. W. 2d 45, 49 (Mo. Ct. App. 1973) (article concerning a juvenile officer, the operation of a detention home, and a grandjury investigation);…