Carp, Stidham, Manning, Holmes. Judicial Process in America by Robert A. Carp & Ronald Stidham & Kenneth L. Manning & Lisa M. Holmes

Author:Robert A. Carp & Ronald Stidham & Kenneth L. Manning & Lisa M. Holmes
Language: eng
Format: epub
Published: 2016-01-20T18:41:57.823000+00:00

Historically, two arguments have been made in favor of grand juries. One is that grand juries serve as a check on a prosecutor who might be using the office to harass an innocent person for political or personal reasons. (Even though the innocent person might eventually be found not guilty at trial, the cost and embarrassment of being tried for a crime are clearly a significant form of harassment.) Ideally, an unbiased group of citizens would interpose themselves between an unethical prosecutor and the defendant.

A second justification for grand juries is to make sure that the DA has done some homework and has secured enough evidence to warrant the trouble and expense—for both the state and the accused—of a full-fledged trial. Sometimes in the haste and tedious routine of the criminal justice process, persons are brought to trial when insufficient evidence has been gathered to justify it. The following is a factual account of how a state grand jury served to prevent this from happening (albeit by accident):

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