Just what is a Grand Jury? Dos it set over a period of time or is it appointed when needed?

Question

Also, who appoints those who serve on the jury?

Answer 1

It is called up as needed and manned much the same as a regular jury ....The difference is  they decide from the evidence weather to indict a defendant or not.....not determine guilt or innocence but if chargeable or not...

Answer 2

Grand Juries are are impaneled by the same pool that does regular juries (Petit Jury). A Trial Jury votes guilty or not guilty, a Grand Jury votes if someone should be indicted or not (referred to as a true bill or no true bill). if a Grand Jury hears the evidence and decides there is legally sufficient evidence and cause to believe the defendant could have committed a crime, they hand down a True Bill to the district attorney, who proceeds to take the case to a Trial Jury for a guilty/not guilty vote.

Grand Juries are different from trial juries in several ways:

1. There is no judge. the Grand Jury Foreman swears in witnesses, excepts evidence, etc.

2. Instead of hearing 1 case it is not unusual for a Grand Jury to hear 5-10 cases per day. (in 2 weeks we went through 60 cases)

3. Grand Jurors ask the DA questions, and the DA asks them (if they are relevant) to the witnesses.

4. Instead of being sworn as Jurors for the length of a trial, Grand Jurors are sworn and impaneled for a set period of time. (in New York State its not less than 2 weeks and not more than 6 months.)

5. The District Attourney that presents the case DOES NOT have to prove his case beyond a doubt, as in Trial Juries. He only has to convince the Grand Jury that the defendant COULD HAVE commited the crime. Once a True Bill of Indictment is issued, the DA then takes the case to Trial for a Guilty/Not Guilty.

6. If a Grand Jury votes No True Bill (the DA did not prove its case) the defendant is free to go and Double Jeopardy is attached, meaning that the same charges cannot be brought against him.