What are the rules governing federal criminal grand juries?
In South Carolina, the federal criminal grand jury is governed by rules set forth by the Federal Rules of Criminal Procedure. Grand juries are convened to investigate potential crimes, review evidence, and determine if there is sufficient evidence to bring criminal charges. The rules of a federal criminal grand jury in South Carolina include: • A grand jury must consist of at least 16 members and no more than 23 members, with at least 12 of them required to find an indictment. • Grand jurors must be neutral and non-judgmental. • The grand jury proceedings must be held in secret to protect witnesses and maintain the integrity of the investigation. • Witnesses must be sworn in and allowed to testify but they may not be required to do so. • An attorney from the Department of Justice must present the case before the grand jury. • Evidence presented must be relevant, reliable, and admissible. • Grand jury proceedings are overseen by the presiding judge, who is responsible for instructing the members on how to proceed with the investigation. • All members must come to a unanimous decision on whether to indict for criminal charges to proceed. • The grand jury’s decision may be challenged if there is evidence of misconduct or if the evidence presented is deemed insufficient. Following these rules helps to ensure that the grand jury process is fair and just. It also helps to ensure that only those who have committed a crime are prosecuted and that individuals who have not committed a crime are not wrongfully accused.
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