Also known as: grand jury proceeding · grand-jury proceedings · grand jury
Written by attorneys · grounded in primary & secondary sources — see below
An investigative proceeding conducted by a body of citizens to determine whether probable cause supports returning an indictment for a capital or otherwise infamous crime. The Fifth Amendment requires such proceedings for serious federal offenses outside military contexts. Rules govern attendance, recording, secrecy, and limited disclosures of matters occurring before the grand jury.
Select any source to read its text and confirm it supports the definition.
Gavin Grant, a civilian contractor, faced charges for embezzling federal funds. Prosecutors presented evidence to a grand jury rather than filing an information directly. The grand jury returned an indictment after finding probable cause, satisfying the constitutional prerequisite for proceeding to trial on the infamous crime.
Gino Giordano appeared before the grand jury as a witness in a securities fraud investigation. An attorney for the government conducted the questioning while a court reporter recorded the session. No other unauthorized persons remained present during the examination.
Georgia Gibbs published articles based on leaks from a corporate insider at Galaxy Technologies. A grand jury investigating insider trading subpoenaed her to identify the source. The court denied her motion to quash, requiring her to appear and testify despite the confidential relationship.
Gretchen Graham moved to dismiss an indictment returned against her for tax evasion, claiming one grand juror lacked proper qualifications. The record showed that twelve qualified jurors had concurred in the true bill. The court denied the motion under the applicable procedural limits.
A federal grand jury heard testimony from multiple witnesses in a public corruption probe involving Global Dynamics. A court reporter created a complete transcript of all sessions except deliberations. The government retained custody of the recording and notes for later use.
Prosecutors investigating healthcare fraud at Genesis Pharmaceuticals obtained grand jury materials. They disclosed transcripts to assisting FBI agents solely to aid enforcement of federal criminal law. The attorneys promptly notified the court of the recipients and their secrecy obligations.
The Fifth Amendment requires a grand jury indictment only for capital or otherwise infamous crimes. Lesser offenses may proceed by information. Military cases arising in actual service during war or public danger are also exempt from the requirement.
Supporting sources
The First Amendment does not grant journalists a privilege to refuse to testify before a grand jury or to withhold confidential sources. Requiring testimony in a good-faith investigation does not impermissibly burden freedom of the press. Courts therefore enforce subpoenas seeking source identities when the proceeding is legitimate.
…state charges were dismissed after federal agents charged Lopez with violating the Gun-Free School Zones Act of 1990. A federal grand jury indicted him for violating § 922(q). He moved to dismiss the indictment on the ground that § 922(q) was beyond the power of Congress to legislate control over our public schools. The…
…that his indictment must be dismissed. After his conviction was affirmed by the Court of Appeals, he testified before a federal grand jury concerning the charges involved here. Because he was compelled to testify pursuant to a grant of immunity, 48 Stat. 1096, as amended, 47 U.S.C. § 409(l), it is clear that the fruit of his…
…(No. 73-1834) because of the public importance of the issues presented and the need for prompt resolution. On March 1, 1974, a grand jury
…owned and occupied by his cousin. No one was injured in the ensuing fire, but the blaze severely damaged the home. A federal grand jury returned a three-count indictment charging Jones with arson, 18 U. S. C. § 844(i) (1994 ed., Supp. IV); using a destructive device during and in relation to a crime of violence (the arson),…
…the consideration or decision of the case. Syllabus The petitioners were subpoenaed to appear and testify before a federal grand jury investigating violations of federal gambling and related laws. They refused to answer questions on the ground that their answers might tend to incriminate them, despite being granted…
Supporting sources
Only attorneys for the government, the witness under examination, necessary interpreters, and a court reporter or recording operator may be present. Jurors deliberate and vote in complete secrecy with no outsiders allowed.
Supporting sources
A court will not dismiss an indictment on that ground if the record shows that at least twelve qualified jurors concurred. Any motion must be timely and follow the procedures in 28 U.S.C. § 1867(e).
Supporting sources
All proceedings except deliberations and voting must be recorded by a court reporter or suitable device. An unintentional failure to record does not invalidate a later prosecution. The government ordinarily retains control of the materials unless the court orders otherwise.
Supporting sources