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Oct 28, 2009 10:55 pm US/Central
Good Question: How Does A Grand Jury Work?
MINNEAPOLIS (WCCO) ―
It wasn't a federal prosecutor who made the ultimate decision to send Tom Petters to trial. Nor is it a prosecutor who will make that decision about Denny Hecker. It's a grand jury. But how do grand juries work, and who gets on them?
"A petit jury decides guilt and innocence," said Hennepin County Attorney Mike Freeman. "A grand jury meets in private to evaluate evidence ... to decide whether or not an indictment ought to be issued."
The concept of a grand jury dates to 13th century England, where grand juries were more investigative bodies, doing the work to decide if a crime had been committed.
In the United States, the concept of a grand jury is in the 5th Amendment of the Bill of Rights: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury."
The Supreme Court has interpreted that to mean that state cases do not have to go in front of a grand jury. In Hennepin County, Freeman said he convenes about 25 grand juries a year.
They are typically made up of 23 citizens, so that a majority of 12 will rule.
"Years ago ... grand jurors were selected from people from the courthouse. We stopped that. That's not a fair way to do it," said Freeman.
Today, jurors are called from the same pool of candidates that make up regular petit juries. Grand jurors get a special summons, and in Hennepin County they serve for three months.
"Our grand juries meet on Thursdays. They're not called every Thursday, we only call when we have information to do that," said Freeman.
The U.S. District Court based in Minneapolis wouldn't give a specific answer on how grand juries operate on the federal level, citing U.S. Department of Justice Policy.
"Each judicial district is different. Here in the District of Minnesota, grand juries are seated for a term of 12 months, after which they are on call for 6 months," explained spokesman David Anderson.
In some districts, there's more than one grand jury seated at a time, but Anderson would not say how many grand juries are seated in Minneapolis.
In Minnesota counties, grand juries are typically used in three kinds of cases: first-degree murder, police-involved shootings that result in death, and occasionally if prosecutors aren't confident that they have enough evidence to file charges.
In the room: "23 individuals, a court reporter, prosecutor, and a witness," said Freeman. The potential defendant's attorney is not allowed inside the room, although a witness may stop the proceeding to go outside the room and consult with an attorney.
"There is no cross-examination," said Freeman, because "historically it's the first step in the process. Does the state have enough evidence to go forward?"
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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