Explaining The Grand Jury System
- View Source
The Grand Jury SystemComment below by Ron Branson
What is the role of a grand jury in the judiciary?
The legal system of the United States is clearly article three of the Constitution outlines. The role of a grand jury is explicitly defined in the fifth amendment to the Bill of Rights. A grand jury is an accusation, if fitted for a capital or infamous crime. The jury for the assessment of evidence obtained prosecutory.
After the test is evaluated, it is for the jury, as above, if there are sufficient grounds for further study. This is the first step in the method of judicial systems to propose a single judge for a crime. The process of assembling this panel begins with a call by the court for the hearing assignment. Jurors are selected to sit on a grand jury through many different methods.
They can be selected by a random pick-up from a computer or by drawing numbers similar to a lottery system. The number of jurors selected vary depending on the process Classification. For civil cases there are usually eight people who will sit as jurors Grande. With a criminal trial, is the number of jurors are more likely to be 14 in number.
Whether the event is potential criminal or civil in nature will be readily available option for jurors in the case where a jury is selected jury absolved from the need. The two main types include cases of criminal and civil grand jury. Where fall the criminal Category can be heard by the jury evidence and witnesses of crimes as capital murder. Everyone charged with a crime has the right under the Constitution to a trial before a jury.
A criminal court procedure requires more substantial evidence from evidence because of the seriousness of the alleged crimes. Grand juries in criminal trials are much stronger because the freedom of another person is in line closer look. In civil proceedings, the jury set to hear evidence Disputes, complaints are not criminal in nature. In a civil case usually involves two parties, plaintiffs and defendants.
The grand jury decides on the evidence, whether there is sufficient reason to prosecute in court. Prosecutors generally in favor of a grand jury in a case before a judge for the simple fact that if the jury determines there is sufficient evidence to take the case until the process is no longer a possibility that the jury process is accused of tests. The role of a Grand Jury in the judiciary, as discussed above, gives a clear picture of the process by which a grand jury functions. The right to a fair trial can not be achieved without a grand jury sitting right.
Comment by Ron Branson:
While the above is educational in respect to Grand Juries, the ingredient that is missing is the inherent conflict regarding our Grand Jury system as we currently know it. Judges play a fundamental role in who sits upon the Grand Jury, and prosecutors, who are often pursuing a place upon the bench, educate and advise the Grand Juries, and the Grand Jurors are instructed that judges enjoy judicial immunity from prosecution and cannot be investigated, and the Grand Jury must instruct persons complaining against judges to direct their complaints to the State's Commission on Judicial Performance which is substantially controlled by judges, or those playing a fundamental role in selecting judges to the bench.
It is for the above reasons that it is essential that a Special Citizens' Grand Jury be created to avoid all the potential governmental conflicts that are inherent in Grand Juries.
www.jail4judges.org has meticulously set forth just how this must be done point by point, including dealing with the federal judiciary.
National J.A.I.L. Commander-In-Chief