What Is a Grand Jury and How Does It Work in the US?
Most people know what a trial jury does — twelve people sit in a courtroom, hear evidence, and decide whether someone is guilty or not guilty. But before any of that happens, in serious federal cases and many state cases, a completely different group of citizens makes a far quieter but equally consequential decision — whether the case should go to trial at all. That group is the grand jury, and most Americans have never heard the full story of what actually happens inside one.
What a Grand Jury Actually Is
A grand jury is a group of ordinary citizens — typically 16 to 23 people — convened by a court to review evidence presented by prosecutors and decide whether there is sufficient cause to formally charge a person with a crime.
Unlike a trial jury, a grand jury does not determine guilt or innocence. Its sole function is to evaluate whether the prosecution has enough evidence to justify putting someone through a criminal trial. If the grand jury agrees, it issues a formal charge called an indictment. If it disagrees, the case does not move forward.
Where Grand Juries Come From
The grand jury system has roots going back to 12th century England and was enshrined in the Fifth Amendment to the US Constitution — which requires that serious federal criminal charges be initiated by grand jury indictment. Most states have adopted similar requirements for felony prosecutions, though about half allow prosecutors to bypass the grand jury process through a preliminary hearing before a judge instead.
The Founders included the grand jury requirement as a deliberate check on prosecutorial power — a mechanism to prevent the government from dragging innocent people into costly, damaging criminal trials without sufficient evidence.
How Grand Jury Proceedings Work
Grand jury proceedings are conducted entirely in secret. No judge presides over the room. No defense attorney is present. The prosecutor presents evidence, calls witnesses, and guides the grand jurors through the case entirely without opposition.
Witnesses called before a grand jury can be compelled to testify through subpoena. They have the right to invoke the Fifth Amendment and refuse to answer questions that might incriminate them — but they do not have the right to have their attorney present in the room during questioning, though they can step outside to consult counsel between questions.
The Standard of Proof — Much Lower Than a Trial
This is the critical difference most people do not understand. At trial, prosecutors must prove guilt beyond a reasonable doubt — the highest standard in American law. Before a grand jury, prosecutors only need to demonstrate probable cause — a reasonable belief that a crime was committed and that the accused committed it.
This dramatically lower threshold means grand juries indict in the vast majority of cases presented to them. The famous legal saying — that a competent prosecutor could indict a ham sandwich — reflects the reality that grand jury proceedings are almost entirely one-sided and the bar for indictment is relatively low.
What Happens When a Grand Jury Votes
After hearing all the evidence, grand jurors deliberate privately without the prosecutor present. They vote on whether to issue an indictment — called a true bill — or to decline charges — called a no bill.
A supermajority vote is required in federal cases — at least 12 of the 23 grand jurors must agree to indict. A no bill ends the prosecution — at least temporarily. Prosecutors can theoretically present the same case to a new grand jury if significant new evidence emerges.
The Grand Jury Subpoena — A Powerful Investigative Tool
Beyond their charging function, grand juries serve as powerful investigative tools for prosecutors. Grand jury subpoenas can compel the production of documents, financial records, phone records, and physical evidence from businesses and individuals.
This investigative power makes grand juries particularly valuable in complex cases — organized crime, corporate fraud, political corruption, and financial crimes — where building a case requires gathering evidence from dozens of sources over extended periods before charges are ever filed.
High Profile Grand Jury Cases
Grand juries have played central roles in some of the most consequential moments in American legal and political history. The Watergate grand jury that investigated President Nixon's administration, the grand jury proceedings in the investigation of former President Bill Clinton, and more recently grand jury proceedings in various high-profile political investigations have all shaped American public life in profound ways.
These cases brought grand jury proceedings into public consciousness while simultaneously highlighting the intense secrecy that surrounds them — participants are typically bound by strict confidentiality rules that prevent them from discussing what happens inside.
Criticisms of the Grand Jury System
The grand jury system has faced substantial criticism from legal scholars and reform advocates for decades. The absence of a judge, the one-sided presentation of evidence, and the low indictment rate for no bills all raise questions about whether grand juries genuinely serve as an independent check on prosecutors or simply rubber-stamp charging decisions.
High profile cases — particularly those involving police use of force where grand juries declined to indict — have intensified public debate about whether the grand jury system delivers genuine accountability or simply provides political cover for predetermined outcomes.
Several legal scholars have proposed replacing grand juries with preliminary hearings before independent judges — a system used in roughly half of US states that arguably provides more meaningful judicial oversight of charging decisions.
For comprehensive coverage of grand jury procedures, constitutional requirements, and landmark cases, the Legal Information Institute at Cornell Law School at law.cornell.edu remains the most reliable free legal resource available. Detailed historical and contemporary analysis of grand jury reform debates can be found through the American Bar Association at americanbar.org.
The grand jury sits at a fascinating and sometimes uncomfortable intersection in American justice — a citizen body designed to protect individuals from government overreach that critics argue has evolved into a tool that amplifies prosecutorial power rather than checking it. Understanding how it actually works is essential knowledge for anyone seeking to genuinely understand how criminal charges come to be in the United States.
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