Sage-Tips

Which describes what the prosecutor presents to the grand jury?

To obtain an indictment, a prosecutor must present proposed charges to a grand jury – a body of jurors that investigates crimes and decides whether charges should be filed.

Which type of cases are presented to a grand jury?

A grand jury is presented with evidence from the U.S. attorney, the prosecutor in federal criminal cases. The grand jury determines whether there is “probable cause” to believe the individual has committed a crime and should be put on trial.

What is the main thing that the grand jury looks for in a case?

Its function is inquisitorial and accusatorial, unlike that of the petit jury, which tries cases. The grand jury’s function is to decide whether there is “probable cause” or “prima facie evidence” to believe that a person has committed a crime.

What is the role of the prosecutor during trial?

While the judge is entrusted with decision-making power, and he/she cannot initiate judicial process, the prosecutor’s primary function is to initiate and conduct criminal action, to act as a party in judicial proceedings and, in many countries, to supervise and direct the police during the investigative phase.

Who must prosecute criminal actions?

the prosecutor
Section 5. Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor.

What is the role of the grand jury?

It has two main functions: to investigate and to protect citizens against unfounded criminal prosecutions. In its investigative capacity, a grand jury can subpoena documents and witnesses. A grand jury does not determine guilt or innocence. A grand jury indictment is required for all federal felonies.

How do grand juries work?

The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime. A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.

What means grand jury?

A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. Grand juries perform both accusatory and investigatory functions.

What is the function of the grand jury quizlet?

A primary purpose of the grand jury is to determine whether there is probable cause to believe that the accused committed the crime or crimes. A document that outlines the charge or charges against a defendant.

What are the roles and responsibilities of the prosecution?

The prosecutor’s principal role is to assist the court to arrive at the truth and to do justice between the community and the accused, according to law and the principles of fairness.

Do prosecutors misstate the law when arguing to the jury?

In Caldwell v. Mississippi, 472 U.S. 320 (1985), prosecutors misstated the law when arguing to the jury. In Mooney v. Holohan, 294 U.S. 103 (1935), prosecutors knowingly used perjured testimony. In Brady v. Maryland, 373 U.S. 83 (1963), prosecutors suppressed evidence favorable to the defendant that might have led to a not guilty verdict.

What is prosecutor misconduct?

Prosecutorial Misconduct. First a foremost, it is the prosecutor’s job to seek justice and present the judge and jury with facts and legal arguments that result is the conviction of the guilty defendant. Sometimes, prosecutors find evidence that would tend to exonerate the person they are trying to convict.

How does the Prosecutor decide which cases to go to trial?

The prosecutor must convince an independent decision-maker—either a judge or grand jury—that the case has merit and should go to trial. In some states, all felony charges must go before a grand jury. But in others, the prosecutor might have a choice between presenting the case to a grand jury or going before a judge in a preliminary hearing.

Do prosecutors have to tell the truth to grand juries?

In most states, prosecutors can’t present half-truths to grand juries. If prosecutors have strong, credible evidence that points to innocence, they must divulge it. That doesn’t mean, however, that they have to offer every piece of evidence that’s helpful to the accused or that might be used at trial by the defense.