The Common Law Grand Jury
For those of you who do not know, Grand Juries have come a long way from what they originally were...
Grand Juries are supposed to be chosen by lot, much like regular jurors. The only difference is that Grand Jurors are not sifted based on biases. The jurors are chosen and seated.
A typical Grand Jury has 23 members to serve every 3000 populace (a town of 6000 people would have 2 Grand Juries). A Grand Jury is supposed to hear the evidence a prosecutor has, and then judge whether or not he has a case for indictment. A mere majority vote of the Grand Jury grants indictment. There typically is no judge in the proceedings.
Grand Juries are allowed to deliberate, ask questions and hear additional witnesses if they desire, however, they are not there to try the case... simply to judge whether or not there IS a case to be tried. If a Grand Jury votes against indictment, the Prosecutor should NOT be allowed to try again with the same case and a different Grand Jury.
A Grand Jury typically sits for a week (5 business days) and hears several cases; however, it is not uncommon to have a Grand Jury sit for Months, meeting once or twice a week during those months. The proceedings are typically secret.
Example:
You get a jury summons. You show up at court, and they say they are seating a Grand Jury. Aside from being excused for medical/personal reasons, you should be placed without question.
Let's say that the Grand Jury you are on is being seated for 6 months, meeting every Monday and Wednesday during that time. You might hear 4 cases 1 week, 1 case the next week, 6 cases the next week, and 1 case that consumes 2 weeks, and so on. After your 6 months is over, the Grand Jury is dismissed, and another one is seated.
Grand Juries seem inclined to side with a prosecutor as far as indictment goes... however, Grand Juries (when properly applied) can exclude the prosecutor from an inquisition and can subpoena witnesses and issue indictments themselves if necessary. This typically happens when a Grand Jury feels that the prosecutor is corrupt, or part of a corrupt system.
According to the Common Law (upheld by the Supreme Court) a Grand Jury acts as a protector of the citizen against "arbitrary and oppressive government action" and that Grand Juries may "deliberate in secret and may determine alone the course of its inquiry" (US vs Calandra, 414 US 338 (1974)).
A Grand Jury is independent and is “a body with powers of investigation and inquisition, the scope of whose inquiries is not to be limited narrowly by questions of propriety or forecasts of the probable result of the investigation” (Branzburg vs Hayes, 408 US 665 (1972)). It has been ruled that “Without thorough and effective investigation, the grand jury would be unable either to ferret out crimes deserving of prosecution, or to screen out charges not warranting prosecution.” (US vs Sells Engineering, 463 US 418 (1983)).
Grand Juries are a right protected under the 5th amendment to the Constitution, however, most people today believe that a Prosecutor or Court has to assign a Grand Jury, but the reality is, under the Common Law the community may assign a Grand Jury, and the Grand Jury has considerable power.
Under Common Law, Grand Juries can be have between 12 and 23 members, with an indictment allowed upon a majority vote, with no less than 12 jurors voting to indict (in other words, a GJ of 12 would have to be unanimous, but a GJ of 13 to 23 would only need 12). They are not governed by the Prosecutor or Court, and (as stated above) may even by-pass or exclude the Prosecutor, Judge, etc. and issue its own subpoenas, indictments, etc. Especially if the GJ has reason to believe the system or persons involved are corrupt or misapplying the law. Grand Juries also have the power to investigate public officials without interference from the government. Historically it has always been their JOB to pin government corruption to the mat.
In US vs Williams, 504 US 36 at 48 (1992) the Supreme Court decided:
"'[R]ooted in long centuries of Anglo-American history," Hannah v. Larche, 363 U.S. 420, 490 (1960) (Frankfurter, J., concurring in result), the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It "`is a constitutional fixture in its own right.'" United States v. Chanen, 549 F.2d 1306, 1312 (CA9 1977) (quoting Nixon v. Sirica, 159 U.S. App. D.C. 58, 70, n. 54, 487 F.2d 700, 712, n. 54 (1973)), cert. denied, 434 U.S. 825 (1977). '"
...and...
"In fact, the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people. See Stirone v. United States, 361 U.S. 212, 218 (1960); Hale v. Henkel, 201 U.S. 43, 61 (1906); G. Edwards, The Grand Jury 28-32 (1906). Although the grand jury normally operates, of course, in the courthouse and under judicial auspices, its institutional relationship with the Judicial Branch has traditionally been, so to speak, at arm's length. Judges' direct involvement in the functioning of the grand jury has generally been confined to the constitutive one of calling the grand jurors together and administering their oaths of office. See United States v. Calandra, 414 U.S. 338, 343 (1974); Fed.Rule Crim.Proc. 6(a). [504 U.S. 36, 48]"
Historically, and under the Common Law, Grand Juries have the right to be assembled by the community, to investigate and independently determine a case should not proceed to trial, or hand out indictments; and to act as a balance of power against a corrupt government that tries to usurp their Constitutionally limited powers or otherwise circumvent the law.
Many will try to dismiss this indictment as "frivolous", or that it has no legal merit... but anyone who still has an understanding of Natural Law, the Common Law, and the the beliefs and aims of the Founding Fathers to which this entire system of government was founded, knows better.


