Grand Jury
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The grand Jury pays different roles in the administration of justice on the US.
First, the body carries out its independent investigations to examine different offenses relating to the governance in different jurisdictions, such as cities and counties. This function is not shared with the officers but carried out parallel to the security agents. According to the American Bar Association (2010), the body has to examine and analyze the prosecutor’s evidences with a view to establish possibility of existence of a probable cause that may warrant inducement. If the criminal investigations are proven to be factual, the body can issue a criminal indictment. As such, the body investigates and reports different offences that have been committed at such local levels against the federal government.
The second role of the body is to act as public ombudsmen. As such, the body monitors the activities taking place in cities and different counties on behalf of the general public. This body can therefore prepare a report that purports a possibility of an offense taking place thus act as a whistle blower. For example, based on its investigations, the body is mandated to prepare a repot detailing the activities of an organized gang in a district.
The other function as a public watchdog relates to non criminal conducts. The body thus such offences as abuse of office or skewed pubic appointments that have been carried out in a given locality such as county.
Further, the Grand Jury caries out an oversight role to ensure that the government’s action do not go against the freedoms and rights of the citizens. This way, it monitors and reports the various actions or initiatives by the government that may deem unfair or unsatisfactory. Summarily, the grand jury’s functions include investigative and indictment roles , all whose outcomes are made public through a report (National Center for State Courts, 2010).
In the process of carrying out its duty, the grand jury has certain powers which it draws from the laws that created. The major power of the body is to act independently from any state organ of influence. As such, the body does not get instructions or directions from any body or institution in the process of executing its role. This power is based on the fact that the body is a pre-constitutional organ that is not under any of the three arms of the government. The other power of the body is to make a presentment. This entails a forma report that outlines the activities which the grand jury has performed over a given period of time. As such, the body is empowered to let the public know any criminal activity that might been carried out by those in public offices and places of authority. In the presentments, the grand jury makes public any investigated allegation that outlines possible misbehavior or misconduct by a person or body that may be against the federal laws. Nevertheless, these powers are limited to the extent that its alleged criminal acts by not be used solely as an evidence that can be used against the indicted person.
The jury has been accused of surpassing its limits and usurping to much power more in preparation and release of its reports. The Grand Jury has also been used by those in competition to damage each other’s reputation. This is because, the hearsay can be presented before the grand jury without necessary ascertaining the facts. As such, it is possible that the presentation may be half truth or based on personal accounts. The jury has also been accused of being used as a rubber stamp by the persecutors so that the evidences provided are used in indictment.
References
American Bar Association. Frequently Asked Questions About the Grand Jury System .
Retrieved August 16, 2010, from HYPERLINK “http://www.abanet.org” http://www.abanet.org
National Center for State Courts. Grand Juries Retrieved August 16, 2010, from
http://www.ncsconline.org
