Canada abolished it in the 1970s. Today fewer than half of the states in the U.S. employ them. Most jurisdictions have abolished grand juries, replacing them with the preliminary hearing at which a Judge hears evidence concerning the alleged offenses and makes a decision on whether the prosecution can proceed.
Grand juries decide the guilt or innocence for defendants charged with felony offenses. Grand juries have the power to grant witnesses immunity from prosecution.
To guarantee the secrecy of grand jury hearings, Federal Rule of Criminal Procedure 6(e) prohibits most persons persent during the proceedings from disclosing what transpired inside the grand jury room; however, the proscription does not apply to witnesses.
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids βdouble jeopardy,β and protects against self-incrimination.
The grand jury also has investigative authority, and it is to serve as a protective shield against unwarranted prosecution. In practice, however, grand juries are usually dominated by the public prosecutors, who are responsible for presenting the evidence to them.
First and foremost, a grand jury proceeding is unique in that it is conducted in complete secrecy. The only people present in the room during a grand jury proceeding are the jurors themselves, a prosecutor, and a court reporter, who is sworn to secrecy. There are no judges, clerks, or other court personnel present.
The federal grand jury is a place and a process of secrecy. This secrecy protects innocent individuals from disclosure of the fact that they may be under investigation. It protects witnesses from being pressured or threatened by potential defendants.
Federal law requires that a grand jury be selected at random from a fair cross section of the community in the district or division in which the federal grand jury convenes. Thus, all citizens have an equal opportunity and obligation to serve.