Grand jury in the context of "Jury"

⭐ In the context of a jury, a grand jury is primarily distinguished by its role in…

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⭐ Core Definition: Grand jury

A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning.

Originating in England during the Middle Ages, modern examples include grand juries in the United States, and to a lesser extent, Liberia. In Japan, there are citizen Prosecutorial Review Commissions which review cases that have been dropped by the prosecution, but they are not required for an indictment like in the previous two. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons committed a particular offense within the jurisdiction of a court. While most grand juries focus on criminal matters, some civil grand juries serve an independent watchdog function. Around the 18th and 19th-century in Ireland and the U.S., grand juries were occasionally formed to pass or approve public policy.

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πŸ‘‰ Grand jury in the context of Jury

A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors.

The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Ireland. They are not used in most other countries, whose legal systems are based upon European civil law or Islamic sharia law, although their use has been spreading. Instead, typically guilt is determined by a single person, usually a professional judge. Civil law systems that do not use juries may use lay judges instead.

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Grand jury in the context of District Attorney

In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor is said to represent the people of the jurisdiction in the state's courts, typically in criminal matters, against defendants. District attorneys are elected in almost all states, and the role is generally partisan. This is unlike similar roles in other common law jurisdictions, where chief prosecutors are appointed based on merit and expected to be politically independent.

The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the state's criminal law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings. The prosecutors decide what criminal charges to bring, and when and where a person will answer to those charges. In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants.

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Grand jury in the context of Grand juries in the United States

Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought.

Like the jury system as a whole, grand juries originated in England and spread throughout the colonies of the British Empire as part of the English common law system. Today, the United States is one of only two jurisdictions, along with Liberia, that continues to use the grand jury to screen criminal indictments. Japan also uses the system similar to civil grand juries used by some U.S. states to investigate corruption and other more systemic issues.

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Grand jury in the context of Probable cause

In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. One definition of the standard derives from the U.S. Supreme Court decision in the case of Beck v. Ohio (1964), that probable cause exists when "at [the moment of arrest] the facts and circumstances within [the] knowledge [of the police], and of which they had reasonably trustworthy information, [are] sufficient to warrant a prudent [person] in believing that [a suspect] had committed or was committing an offense."

Moreover, the grand jury uses the probable cause standard to determine whether or not to issue a criminal indictment. The principle behind the probable cause standard is to limit the power of authorities to conduct unlawful search and seizure of person and property, and to promote formal, forensic procedures for gathering lawful evidence for the prosecution of the arrested criminal. In the case of Berger v. New York (1967), the Supreme Court said that the purpose of the probable-cause requirement of the Fourth Amendment is to keep the state out of Constitutionally protected areas until the state has reason to believe that a specific crime is being committed or has been committed. The term of criminal law, the probable cause standard is stipulated in the text of the Fourth Amendment to the U.S. Constitution:

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Grand jury in the context of United States invasion of Panama

The United States invaded Panama in mid-December 1989 during the presidency of George H. W. Bush. The purpose of the invasion was to depose the de facto ruler of Panama, General Manuel Noriega, who was wanted by U.S. authorities for racketeering and drug trafficking. The operation, codenamed Operation Just Cause, concluded in late January 1990 with the surrender of Noriega. The Panama Defense Forces (PDF) were dissolved, and President-elect Guillermo Endara was sworn into office.

Noriega, who had longstanding ties to United States intelligence agencies, consolidated power to become Panama's de facto dictator in the early 1980s. In the mid-1980s, relations between Noriega and the U.S. began to deteriorate due to fallout of the murder of Hugo Spadafora and the removal from office of President Nicolas Ardito Barletta. His criminal activities and association with other spy agencies came to light, and in 1988 he was indicted by federal grand juries on several drug-related charges. Negotiations seeking his resignation, which began under the presidency of Ronald Reagan, were ultimately unsuccessful. In 1989, Noriega annulled the results of the Panamanian general elections, which appeared to have been won by opposition candidate Guillermo Endara; President Bush responded by reinforcing the U.S. garrison in the Canal Zone. Following the declaration of a state of war between Panama and the United States passed by the Panamanian general assembly, as well as the lethal shooting of a U.S. Marine officer at a PDF roadblock, Bush authorized the execution of the Panama invasion plan.

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Grand jury in the context of Indictable offence

In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which for federal crimes, also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury.

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Grand jury in the context of Alger Hiss

Alger Hiss (November 11, 1904 – November 15, 1996) was an American government official who, in 1948, was accused of spying for the Soviet Union in the 1930s. The statute of limitations had expired for espionage, but he was convicted of perjury in connection with this charge in 1950. Before the trial, Hiss was involved in the establishment of the United Nations, both as a U.S. State Department official and as a UN official. In later life, he worked as a lecturer and author.

On August 3, 1948, Whittaker Chambers, a former Communist Party USA member, testified under subpoena before the House Un-American Activities Committee (HUAC) that Hiss had secretly been a communist while in federal service. Hiss categorically denied the charge and subsequently sued Chambers for libel. During the pretrial discovery process of the libel case, Chambers produced new evidence allegedly indicating that he and Hiss had been involved in espionage. A federal grand jury indicted Hiss on two counts of perjury. After a mistrial due to a hung jury, Hiss was tried a second time, and in January 1950 he was found guilty and received two concurrent five-year sentences, of which he eventually served three and a half years.

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Grand jury in the context of Court clerk

A court clerk (British English: clerk to the court or clerk of the court /klɑːrk/; American English: clerk of the court or clerk of court /klɜːrk/) is an officer of the court whose responsibilities include maintaining records of a court and administering oaths to witnesses, jurors, and grand jurors as well as performing some quasi-secretarial duties. The records management duties of a court clerk include the acceptance of documents for filing with the court to become part of the court's official records, preserving and protecting those records, providing the general public with access to those records, and maintaining the docket, register of actions, and/or minutes of the court which list all filings and events in each case. These duties are important because the availability of legal relief often depends upon the timely filing of documents before applicable deadlines.

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