COMMENTERRY—

The Grand Jury Process

The grand jury came to our legal process from old English law. It has withstood the tests of time.

In Ohio grand jurors are chosen much like the more common petit (local trial court) jurors and serve for fixed terms of multiple months. They hear evidence presented by the prosecuting attorney concerning alleged crimes and determine if it is sufficient to indict the defendant for trial.

They also are empowered to determine the evidence is insufficient and refuse to issue an indictment.

This is the good part of the process; protection from flawed prosecution.

However, when only the prosecution evidence is heard by the grand jury with no advocacy for the defendant, an overzealous prosecutor and a less-than-diligent grand jury can conspire to wrongly indict an innocent person.

While that defendant likely would be cleared in a trial with competent defense counsel, the damage of an innocent person suffering an indictment can be devastating.

The process must be monitored carefully and society must treasure the concept of innocence until convicted by trial; even then being mindful the system is not perfect.

--tw, former grand jury foreman.