What is the role of the grand jury in criminal cases?
The role of the grand jury in criminal cases in South Carolina is to determine whether there is enough evidence to charge a suspect with a crime. A grand jury is made up of citizens who review evidence to decide if there is probable cause that a crime was committed and if the suspect should be charged with it. The grand jury process begins by a prosecuting attorney presenting the evidence to the grand jury. This evidence can include witness testimony, documents, objects, and other sources to build a case against the suspect. Witnesses may also be called to testify during a grand jury hearing. If the grand jury finds that there is enough evidence to charge the suspect with a crime, they will prepare a document called an "indictment" which lists the charges against the suspect. The indictment is filed with the court and then the suspect may be arrested and brought in for arraignment. Grand jury proceedings are not open to the public and the suspect is not present. This is because the proceedings are not a trial, but rather a fact-finding investigation. As such, the proceedings are secret and the suspect has no right to confront or cross-examine witnesses or present evidence.
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