What is a federal grand jury?

A federal grand jury is a type of jury used to investigate possible criminal activity. While most criminal cases are decided in the state court systems, cases involving violations of federal criminal statutes are tried in federal court. A federal grand jury is a group of citizens that listen to evidence presented by the U.S. Attorney’s Office and decide whether a criminal defendant should be formally charged with a crime. In Minnesota, when the U.S. Attorney’s Office has credible evidence that a federal crime has been committed, they can convene a federal grand jury. The grand jury is made up of between 16 and 23 members of the public, and under the supervision of a federal judge. The grand jury meets in secret, and evidence is presented by the U.S. Attorney’s Office. The grand jury decides whether or not there is enough evidence to formally charge an individual with a federal crime. If they do, the judge will issue an indictment. Decisions made by the federal grand jury are made based on the standard of “probable cause”, which means that the evidence presented shows that there is a fair and reasonable probability that the person has committed a crime. Federal prosecutors must present enough evidence, such as witnesses, documents, and other records, to convince the grand jury that the defendant has committed a crime. It is important to note that the federal grand jury does not decide if the defendant is guilty or not, but rather they decide if there is enough evidence to take the case to trial.

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