How Does the Grand Jury System Work?
A grand jury usually consists of anywhere between 16 and 23 persons. Grand Jurors are selected from the same master list from which trial jurors are selected. A quorum of the grand jurors must be present in order for the grand jury to consider evidence presented to it. The only lawyer present in the grand jury room is the prosecutor. The proceedings are recorded and are secret. A person who is subpoenaed to appear before a grand jury has no right to have his or her attorney present inside the grand jury room nor does the person have any right to have his/her lawyer address the grand jury to present the “other side” of the story — or an alternative explanation of the evidence. It is often referred to as a one sided system where the person investigated has few rights and the Federal Prosecutor literally runs the grand jury’s agenda. The prosecutors decide which cases to bring before the grand jury and are allowed to address the grand jurors in addition to presenting evidence to present b
