<P> Grand jury proceedings are secret . No judge is present ; the proceedings are led by a prosecutor ; and the defendant has no right to present his case or ( in many instances ) to be informed of the proceedings at all . While court reporters usually transcribe the proceedings , the records are sealed . The case for such secrecy was unanimously upheld by the Burger Court in Douglas Oil Co. of Cal . v. Petrol Stops Northwest , 441 US 211 ( 1979 ) . The dissenting opinion was joined by Justices Burger and Stewart but concurred with the Court 's opinion as to the importance and rationale of grand jury secrecy . Writing for the Court , Justice Powell found that `` if preindictment proceedings were made public , many prospective witnesses would be hesitant to come forward voluntarily '' ; `` witnesses who appeared before the grand jury would be less likely to testify fully and frankly '' ; and `` there also would be the risk that those about to be indicted would flee , or would try to influence individual grand jurors '' . Further , `` persons who are accused but exonerated by the grand jury ( should ) not be held up to public ridicule '' . </P>
<P> Grand jury proceedings are secret . No judge is present ; the proceedings are led by a prosecutor ; and the defendant has no right to present his case or ( in many instances ) to be informed of the proceedings at all . While court reporters usually transcribe the proceedings , the records are sealed . The case for such secrecy was unanimously upheld by the Burger Court in Douglas Oil Co. of Cal . v. Petrol Stops Northwest , 441 US 211 ( 1979 ) . The dissenting opinion was joined by Justices Burger and Stewart but concurred with the Court 's opinion as to the importance and rationale of grand jury secrecy . Writing for the Court , Justice Powell found that `` if preindictment proceedings were made public , many prospective witnesses would be hesitant to come forward voluntarily '' ; `` witnesses who appeared before the grand jury would be less likely to testify fully and frankly '' ; and `` there also would be the risk that those about to be indicted would flee , or would try to influence individual grand jurors '' . Further , `` persons who are accused but exonerated by the grand jury ( should ) not be held up to public ridicule '' . </P>
who decides if a case goes to grand jury
who decides if a case goes to grand jury
prosecutor
prosecutor