Which Of The Following Statements Is True Of A Grand Jury

which Of The Following Statements Is True Of A Grand Jurya Grand

Which of the following statements is true of a grand jury? A grand jury has the authority to subpoena business records relevant to a lawsuit. A grand jury determines whether the accused in a lawsuit is innocent or guilty. At least 20 members should be present on a grand jury to examine evidences and vote on a case. For an indictment to be returned, only one-third of a grand jury needs to agree that a crime has been been committed.

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A grand jury plays a crucial role within the legal system, primarily functioning to determine whether there is enough evidence to charge an individual or entity with a crime, rather than deciding guilt or innocence at trial. One of the key authorities vested in a grand jury is the power to subpoena business records that might be pertinent to the case, which aids in the comprehensive collection of evidence necessary for case evaluation. This authority is essential in criminal investigations, especially when dealing with complex financial records or organizational documents that may reveal pertinent misconduct or illegal activity.

Interestingly, despite common misconceptions, a grand jury does not determine the guilt or innocence of a defendant—that responsibility belongs to the trial jury or judge in a bench trial. Instead, the grand jury's primary function is to decide whether there is probable cause to believe a crime has been committed and that the accused person is likely responsible. If sufficient evidence exists, the grand jury issues an indictment, which then leads to a formal criminal trial.

The composition and procedural standards of grand juries differ across jurisdictions, but the general principle is that a significant majority must agree to indict—commonly at least one-third or two-thirds of the jurors must concur, depending on local laws. For example, in some jurisdictions, a supermajority of 12 or more jurors is required to return an indictment. The requirement of at least 20 members present ensures that the evidence is examined thoroughly and that the decision to proceed to trial is made with adequate deliberation.

Furthermore, the grand jury operates in secrecy; proceedings are not open to the public or the defense, which is intended to prevent undue influence and protect the reputation of potential defendants if no indictment is issued. The process provides a check on prosecutorial power, ensuring that criminal charges are not brought lightly and that sufficient evidence supports the decision to accuse an individual or organization formally.

In summary, the statement that "A grand jury has the authority to subpoena business records relevant to a lawsuit" accurately reflects the powers and functional scope of a grand jury within the criminal justice framework. The other statements—regarding determining guilt, the number of members needed for proceedings, and the percentage needed for indictment—are inaccurate or misrepresent the legal standards and procedures associated with grand juries.

References

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