Grand Jury
The citizen panel that indicts on felony charges in the federal system
Overview
The Fifth Amendment requires federal felony prosecution to begin with a grand jury indictment, a body of citizens hearing prosecutor evidence in secret and voting probable cause. Its history runs from Assize of Clarendon through English practice, now abolished there, to American retention. Criticism notes the body is one sided, with the old quip that prosecutors could indict a ham sandwich, and many states allow preliminary hearings instead. Its secrecy protects the innocent accused and ongoing investigations alike. Twelve votes of twenty three suffice to indict under the federal rule, a relic of the panel size.
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