Grand jury

A group of citizens convened by a court to investigate alleged crimes and decide whether evidence supports formal charges. Its proceedings are generally secret, and prosecutors present the evidence.

Indictment: A formal accusation that a person committed a crime, issued through a grand jury or another authorized process. A grand jury’s central charging decision is whether to return this formal accusation.
Fifth Amendment to the United States Constitution: A constitutional amendment protecting rights including due process and the privilege against compelled self-incrimination. Its Grand Jury Clause requires federal grand jury indictment for many serious crimes.
Preliminary hearing: A court hearing that tests whether evidence supports sending a criminal charge forward before trial. In many jurisdictions, it can serve as a public alternative to grand jury screening.
Assize of Clarendon: A 1166 English royal decree that established local sworn groups to report suspected crimes. It is a landmark predecessor of the grand jury’s use of citizens to identify alleged offenses.
Special counsel investigation: A criminal investigation conducted by a prosecutor appointed to handle a matter independently of ordinary prosecutorial supervision. Special counsel investigations can use grand juries to compel evidence and consider federal charges.
Probable cause: A reasonable basis, grounded in facts, to believe that a crime occurred or that a person was involved. Grand jurors generally decide whether the evidence meets this threshold for an indictment.
Prosecutor: A government lawyer who brings and litigates criminal cases on behalf of the state or federal government. The prosecutor typically presents evidence and proposes charges to the grand jury.
Information (criminal procedure): A formal criminal charge filed by a prosecutor without a grand jury indictment. This charging instrument replaces indictment in jurisdictions or cases that permit prosecution by information.
English common law: A legal tradition developed through English court decisions and practices, later adopted in various jurisdictions. The grand jury developed in this tradition before becoming part of American legal practice.
Watergate grand jury: The federal grand jury that investigated the Watergate scandal and named President Richard Nixon an unindicted co-conspirator in 1974. Its work demonstrates how grand jury findings can affect public understanding without producing a charge against every subject.

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