The United States justice system is very complex. It has many levels, elements, functions, and intricacies. From the United States Supreme Court all the way down to small claims courts, from prosecutors to defense attorneys, the United States justice system seeks to maintain fairness.
One of the elements in United States justice system is the grand jury. The duty of the grand jury is to determine whether or not there is enough evidence for a trial. This is done by meeting with the prosecutor and examining the evidence she provides and then by issuing indictments or taking other steps.
There is lot of controversy surrounding grand juries, and the United States is about the only nation on the planet that still uses them. Moreover, grand juries can only be used for federal crimes, not state crimes, though some counties have grand juries. And although the grand jury is meant to keep fairness in the justice system by judging whether the prosecutor actually has a case, in reality grand juries are of questionable legality.
Many have argued that grand juries are unconstitutional. During a grand jury trial, the defendant does not have access to his attorney and cannot call any witnesses to testify on his behalf. There is an essential face off between the prosecutor and the defendant, and the former can likely force something from the latter.
Speak with a San Jose Criminal Defense Attorney
For more information about grand juries, contact the San Jose criminal defense attorneys of the Law Office of Daniel Jensen, P.C. by calling (408) 296-4100.