Investigation of Grand Jury Systems Needed Next – Vessels of Hidden Bias
The most persistent criticism of grand juries is that jurors are not a representative sampling of the community, and are not qualified for jury service, in that they do not possess a satisfactory ability to ask pertinent questions, or sufficient understanding of local government and the concept of due process.[43] Unlike potential jurors in regular trials, grand jurors are not screened for bias or other improper factors. They are rarely read any instruction on the law, as this is not a requirement; their job is only to judge on what the prosecutor produced. The prosecutor drafts the charges and decides which witnesses to call.[4]
What Are Grand Juries? – Grand Jury Resistance Project
Unlike the “petit” jury, which is used to determine guilt in a trial, a grand jury consists of 16 to 23 jurors who are not screened for bias. The purpose of the grand jury is not to determine guilt or innocence, but to decide whether there is probable cause to prosecute someone for a felony crime.
Normally, defense attorneys fail when they try to claim that a grand jury is biased. Courts reject these claims on the theory that all the grand jury does is bring charges, so even if a grand jury is biased, the person they charge can still prove their innocence at trial.
