In Ohio, a grand jury is an independent body of randomly selected registered voters convened by prosecutors to decide whether charges are warranted in serious felony cases.
A grand jury does not decide innocence or guilt, just probable cause (sufficient evidence) that could lead to a jury trial.
Thursday In Akron, a grand jury issued a “no bill” decision in the case against Davon Fields, the Akron police officer who shot 15-year-old Jazmir Tucker twice in the back last Thanksgiving. Given that news, this story aims to explain what exactly grand juries are and how they operate.
What is a grand jury?
In short, a grand jury is “an independent body, whose functions include not only the investigation of crime and the initiation of criminal prosecution but also the protection of the citizenry from unfounded criminal charges,” according to a Department of Justice manual.
What are the functions of a grand jury?
A grand jury is primarily tasked with determining whether there is probable cause that one or more individuals committed a crime. Coming from that determination are two outcomes: a decision to indict or not, the latter of which is commonly referred to as a “no bill.”
How many people are on a grand jury?
Grand juries are typically made up of nine randomly selected registered voters from the area who are not screened for bias or other potential issues as they would be for a trial jury. In grand juries of nine, at least seven jurors must agree on an indictment for a prosecutor’s case to move forward.
How are grand jurors selected?
According to the Ohio Revised Code, jury commissioners draw 25 names from the annual jury list; the first 15 people who can be located and are not excused make up the grand jury.
Grand juries in Ohio are typically made up of 15 people, though that can drop to nine members in some counties, such as Summit County.
What happens during a grand jury hearing?
During a hearing, the grand jury listens privately to evidence compiled and presented by a prosecutor. The prosecutor can bring forth witnesses to testify; both the prosecutors and members of the grand jury can ask questions throughout the process.
Once the evidence has been presented, the grand jury deliberates in private, aiming to determine whether there is enough evidence to charge the accused.
A “no bill” does not always mean that’s the end of the case. There are occasions, especially if compelling new evidence arises, that the prosecution can charge the accused again.
What does it mean when someone says a prosecutor “could indict a ham sandwich” using the grand jury process?
That refers to the fact that it’s easier to find probable cause than to secure a conviction. That said, it’s not a sure thing that prosecutors will secure a charge through the grand jury process.
Do defense attorneys get to ask questions of witnesses during a grand jury?
Defense attorneys are not typically involved in the grand jury process. They do not get to cross-examine witnesses or call into question evidence presented by prosecutors.
What is the difference between a trial court jury and a grand jury?
A trial court jury, also known as a petit court jury, decides criminal and civil cases. A conviction can lead to jail time, fines and other consequences. A grand jury indictment can lead to a trial court jury.
What does it mean for a case to go to a grand jury?
If a case goes to a grand jury, that typically means a prosecutor is seeking charges against the accused.
Can a judge overrule a grand jury?
Generally speaking, no, a judge cannot overrule a grand jury. The grand jury is meant to be an independent body, and outside of a few narrow exceptions, its decision to indict or issue a “no bill” is final.
Must prosecutors take cases to grand juries in order to charge a defendant with a crime?
The U.S. Constitution mandates that prosecutors use a grand jury to indict the accused for serious felonies. There are some exceptions, but, generally speaking, felonies require a grand jury indictment.