the prosecutor decides if a case goes to grand jury.
who decides if a case goes to grand jury?
prosecutor
in criminal law in federal courts and a minority of state court systems of the united states, a grand jury is convened to hear only testimony and evidence to determine whether there is a sufficient basis for deciding to indict the defendant and proceed toward trial. in each court district where a grand jury is required, a group of 16–23 citizens holds an inquiry on criminal complaints brought by the prosecutor to decide whether a trial is warranted (based on the standard that probable cause exists that a crime was committed), in which case an indictment is issued. in jurisdictions where the size of a jury varies, in general the size of juries tends to be larger if the crime alleged is more serious. if a grand jury rejects a proposed indictment the grand jury's action is known as a "no bill." if they accept a proposed indictment, the grand jury's action is known as a "true bill." grand jury proceedings are "ex parte": only the prosecutor and witnesses who the prosecutor calls may present evidence to the grand jury and defendants are not allowed to present mitigating evidence or even to know the testimony that was presented to the grand jury, and hearsay evidence is permitted. this is so because a grand jury cannot convict a defendant. it can only decide to indict the defendant and proceed forward toward trial. grand juries vote to indict in the overwhelming majority of cases, and prosecutors are not prohibited from presenting the same case to a new grand jury if a "no bill" was returned by a previous grand jury. a typical grand jury considers a new criminal case every fifteen minutes. in some jurisdictions, in addition to indicting persons for crimes, a grand jury may also issue reports on matters that they investigate apart from the criminal indictments, particularly when the grand jury investigation involves a public scandal. historically, grand juries were sometimes used in american law to serve a purpose similar to an investigatory commission.
jury
newspaper reporter and amateur ham radio operator john keefe, anxious for a scoop, plants a shortwave radio in the courtroom to eavesdrop on the grand jury's investigation into the brokerage house owned by anthony pelton and thomas reedy, which is allegedly dealing in fraudulent stocks. when the story breaks in the newspaper under john's byline, john's brother michael, the assistant district attorney, is castigated by his boss. nevertheless, john continues to jeopardize his brother's career and decides to infiltrate the brokerage house by posing as avery, a wealthy young investor from the south. in a meeting at pelton and reedy's office, john leaves behind his briefcase, which has a microphone concealed in it. soon afterward, pelton, who has become squeamish over the grand jury investigation, decides to skip town. while emptying the safe, pelton is accosted by a gun wielding young man, and in the ensuing skirmish, the gun discharges into john's briefcase. as the young man falls unconscious to the floor, reedy enters and shoots pelton. when the police arrive, the young man is charged with pelton's murder and mike is assigned to the case. meanwhile, john, who has been fired for drunkenness, is told by his editor that he will be rehired if he uncovers the mystery killer. posing as a priest, john visits the accused in prison, where the young man confesses that pelton tried to blackmail his father. when mike learns of his brother's duplicity, he orders his arrest, and john is brought before the grand jury to testify. for refusing to betray the young man's confidence, john is jailed for contempt. while in jail, john's friend brings him the briefcase, and when john sees the bullet hole, he realizes that the young man is innocent. begging his brother for a chance to make amends, john is released and goes to reedy's office, where he digs a bullet from the desk. at that moment, reedy enters and orders john into his car at gunpoint. using the radio hidden in his briefcase, john broadcasts his location in morse code, and ham radio operators pick it up and radio for help. as the district attorney and grand jury listen in, a motorcade surrounds the car and reedy shoots john. reedy tries to escape, but is captured by the police, and john is taken to the hospital, where he is reinstated by the paper.
grand jury secrets