What is a grand jury? I often encounter individuals who do not understand what role the grand jury plays in the court system.

The Fifth Amendment to the U.S. Constitution states “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger…”

This sets out the requirement for the federal government to use grand juries when charging people with crimes. While a requirement in federal court, this provision has not been found to apply to the states; however, many states have chosen to use grand juries.

In Alabama, the powers and responsibilities of grand juries are laid out in the Code of Alabama. When a grand jury is impaneled, 18 names of qualified people are randomly selected from the larger jury pool. These 18 individuals are sworn and impaneled as the grand jury. They are prohibited from disclosing information learned during grand jury proceedings. At least 12 grand jurors must agree in order to return an indictment or “true bill.”

An indictment, also known as a “true bill,” happens with the grand jury finds that there is probable cause that a crime has been committed by a person. In Alabama, typically, the District Attorney supervises the grand jury in their particular jurisdiction. The grand jury hears evidence from the state usually without the suspect being involved in the proceedings.

Grand juries meet behind closed doors. The accused person has no right to be present. No judge is present and the proceedings are led by the prosecutor. The grand jury has subpoena power and can compel witnesses to testify.

In Alabama, the district attorney may question witnesses in the presence of the grand jury. The district attorney may not, however, be present when the grand jury discusses and votes on matters.

Under the Code of Alabama, grand juries in this state have multiple powers and responsibilities. Not only does the grand jury hear individual cases from the prosecutor, but they are also required to assess the condition of the county jail. At least once a year, the grand jury must determine the “condition of the county jail in regard to its sufficiency for the safekeeping of prisoners and their accommodation and health and to inquire into the manner in which the same has been kept since the last determination.”

Duties also include examination of the county treasury and the fee book of the probate judge. Examination of books and papers of the county superintendent of education are also listed as duties of the grand jury. The grand jury is also entitled to free access to the office of the county treasurer and to examine the records and papers in county offices.

Thus, grand juries play an important, if often unseen, part in the oversight of county offices, as well as the court system.