Grand jury investigations are shrouded in secrecy; violating that secrecy is considered criminal contempt and can also be considered obstructing justice. Those who are bound to secrecy include everyone but the witnesses: prosecutors, grand jurors, court reporters, and clerical personnel. Identities of grand jurors are kept secret.
In 1946, Supreme Court created created the Federal Rules of Criminal Procedure, which simplified common law and codified grand jury secrecy in Rule 6, subsections (d) and (e). The first provision limited who could be present in grand jury sessions; the second imposed a general rule of secrecy.
Grand jury proceedings are secret because:
- Anyone being investigated cannot interfer with witnesses or otherwise tamper with the investigation.
- Secrecy decreases the likelihood someone who is about to be indicted will escape before indictment.
- Reluctant witnesses can speak more freely when their remarks will not be made public nor reach the target of an investigation.
- Secrecy protects anyone who might be implicated, but who is not indicted.
Length of the Grand Jury
A "regular" federal grand jury has a basic term of 18 months; a court can extend this term for another 6 months, bringing the total possible term to 24 months. A "special" federal grand juriy can be extend another 18 months, bringing the total possible term to 36 months. State grand jury terms vary widely, but from a month to 18 months, with a year being average.
Oath of the Foreman
The oath of the foreman is generally like this, reflecting its roots in history:
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"You, as foreman of this inquest, for the body of the County of ____ , do swear, (or affirm) that you will diligently inquire, and true presentment make, of such articles, matters, and things as shall be given you in charge or otherwise come to your knowledge, touching the present service; the commonwealth's counsel, your fellows' and your own you shall keep secret; you shall present no one for envy, hatred or malice; neither shall you leave any one unpresented for fear, favor or affection, hope of reward or gain, but shall present all things truly as they come to your knowledge, according to the best of your understanding (so help you God.)"
After the prosecutor presents evidence, jurors vote on the proposed charges (the indictment), which were drafted by the prosecutor. If a majority of the jury believes the evidence shows probable cause of a crime, the jury "returns" the indictment. This act initiates criminal proceedings.
If a majority of the jury does not believe the evidence shows probable cause of a crime, that "no" vote is called "returning a bill of ignoramus" or "returning a no bill." No criminal proceedings follow this vote.
However, this does not necessarily mean the end to an investigation. A person who is suspected of having committed a crime is not protected by the constitutional prohibition of "double jeopardy" in this instance, because the person has not yet been "put in jeopardy" (made to stand trial).
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