People who are facing criminal charges may automatically associate that term with the trial jury, but that’s not the only type of jury that’s part of the criminal justice system. The grand jury is another type of jury that takes part in some criminal trials.
A grand jury in Maryland consists of 23 individuals who are chosen randomly. There are also alternative jurors who sit in the proceedings in case one of the other jurors can’t complete their duty.
What is the duty of a grand jury?
Unlike a trial jury, the grand jury doesn’t determine whether a person is guilty or not. Instead, this jury looks at the prosecution’s evidence to determine whether the evidence is sufficient enough to charge the defendant.
Grand jury proceedings aren’t as formal as a criminal trial, and they’re confidential. There’s not a judge presiding over the proceedings and the defendant isn’t there. Witnesses may appear, but there’s no cross-examination. Grand jurors have the option of asking questions of the witnesses if necessary.
The grand jury will make a recommendation to the prosecutor about the strength of the case. It can recommend whether charges should be filed or should not be filed. The prosecutor doesn’t have to comply with the recommendation of the grand jury, but the grand jury is still an important part of the criminal justice system.
While defendants aren’t a part of the grand jury process, it’s important to understand this part of the criminal justice system. If the grand jury indicts the individual, it’s critical for that person to get their defense strategy set. Working with someone familiar with the charge and court system may be beneficial.