This panel, to create indictments of people accused of the commission of a crime or crimes, has existed in this criminal justice system since the creation of this nation. The prosecutor seeking to prosecute a criminal convenes this panel to seek an indictment accusing a person with the commission of a crime or crimes. The panel consists of several citizens who view the evidence presented by the prosecutor. The people in the room are limited to the grand jurors, the prosecutor and the witnesses, usually police officers and experts. No judge is present in the room to preside or issue rulings.
If he chooses, the defendant may enter the room to testify but the defendant’s lawyer may not enter the room. The defendant must leave the room during his testimony if he chooses to consult with his or her lawyer. Because the prosecutor explains the law to the panel of jurors, the prosecutor takes on the many roles of prosecutor and judge. The proceedings then become something of an inquisition. When the proceedings are ongoing, Defendant’s counsel may not enter the room and regardless of the facts, the proceedings become rigged in favor of an indictment. The prosecutor submits a small quantity of evidence that is enough to obtain an indictment while having far more evidence than that offered to the jurors. Al exculpatory evidence is withheld. Unlike a trial, the defendant within a grand jury proceeding may not know the identity of his accuser, and according to a former judge of the Court of Appeals of the State of New York “Even a ham sandwich can be indicted.” The only law in these proceedings is the law the prosecutor offers to the grand jury, which has become slanted to issue an indictment.
The defendant appears in open court after the grand jury proceedings have ended and it is only at the arraignment that the defendant learns of the charges he or she must confront. The defendant is offered bail after entering a plea.
During the trial of the defendant, the grand jury indictment will be read to the jury by the prosecutor and the jury will be instructed by the trial judge that the contents of the indictment are not evidence. The jury is informed the indictment only brings the defendant into court to face the charges. At the defendant’s trial, the judge also informs the jury that despite the indictment, the defendant is presumed innocent until the jury determines otherwise.
The grand jury system in use today is derived from the system England has put in place more than one hundred years ago. England, however, no longer uses this system after determining the system is overwhelmingly prejudicial to the accused. Over twenty states in this country have determined to forgo the grand jury system in favor of either a criminal information method or a preliminary hearing in which there is evidence that a crime was committed and it is likely the defendant committed the crime.
The trial court has the authority to either dismiss the charges after such a fact finding hearing or bind the defendant over for a full trial. The due process rights of the accused during a preliminary hearing are maintained.
In the federal criminal court system, the title of the action is always THE People of the United States vs. Defendant. In a state court proceeding, the caption may be People of the State of vs. Defendant. The irony is that the caption asserts the government’s demonstration the defendant is guilty before uttering one word.
Verdict sheets do not contain a verdict of innocence when jurors are asked to determine whether an accused is guilty or not guilty. The word innocent does not appear on a verdict sheet.
The presumption of innocence is never raised in a grand jury proceeding. Too many people are wrongfully convicted when the jury reviews the allegations in an indictment. Many wrongful convictions may be avoided if preliminary hearings before a judge are held, rather than grand jury proceedings. The foundation of our legal system is justice and therefore the system should not be compromised