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No True Bill: A Grand Jury's Refusal to Indict

Grand jury indictment is a constitutional right in federal felony cases. It is an alternative means of prosecution in many states. In either system, the grand jury is the people’s panel. It stands as a group of randomly-selected members of the community, strategically placed “as a kind of buffer or referee between the Government and the people.” It serves the “twin historical responsibilities [of] bringing to trial those who may be justly accused and shielding the innocent from unfounded accusation and prosecution.” If the grand jury agrees that the evidence before it warrants indictment, it may indict and the accused may be brought to trial. If the grand jury does not agree and refuses to indict, an accused may not be brought to trial under indictment. Yet, the prosecutor’s role before the grand jury can have a significant impact.