Introduction

In the United States legal system, a grand jury is a group of citizens selected to investigate potential criminal conduct and determine whether charges should be brought against the accused. Grand juries operate at federal and state levels, and in Arizona, the grand jury plays a critical role in the criminal justice system.

History and Purpose of the Grand Jury in Arizona

Arizona's grand jury system was first established in 1912 when the state was admitted to the Union. Like other states, Arizona modeled its grand jury system on the federal system, enshrined in the U.S. Constitution's Fifth Amendment. The grand jury’s purpose is to investigate crimes and determine whether there is enough evidence to bring criminal charges against a defendant. These charges are usually felony offenses but can also include misdemeanor charges. The grand jury is unique in that it operates in secret, with only the prosecutor and witnesses present. This secrecy is intended to protect the privacy and reputations of individuals who may be investigated but ultimately not charged with a crime. In fact, it is a criminal offense to improperly reveal details of grand jury testimony or decision (A.R.S. § 13-2812).

Grand Juries are NOT responsible for determining guilt, only to determine if probable cause for the charges is present. A standard jury is responsible for determining a defendant’s guilt beyond a reasonable doubt.

Composition of the Grand Jury

In Arizona, a grand jury shall consist of at least twelve, but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it (A.R.S. § 21-404). The selection process is overseen by the presiding judge of the county, who chooses prospective jurors from a pool of eligible citizens. The qualifications for serving on a grand jury in Arizona are the same as those for serving on a regular jury: a citizen must be a resident of the county, at least 18 years old, etc.

Powers and Limitations of the Grand Jury

The grand jury in Arizona has several powers and limitations that are designed to balance its investigatory function with individual rights and liberties. First, the grand jury can issue subpoenas for witnesses and documents to hear testimony and request additional evidence as necessary. The grand jury also has the power to indict, or charge, an individual with a crime if it determines sufficient evidence to support the charge.

However, the grand jury's powers are not unlimited. It is not allowed to compel an individual to testify against themselves, and any evidence gathered in violation of a Constitutional Right may be inadmissible. Additionally, the grand jury must follow strict rules of procedure and evidence to ensure that the accused is treated fairly and that the grand jury's decision is based on sound legal reasoning.

Conclusion

The grand jury is an essential institution in Arizona's criminal justice system. Its purpose is to investigate crimes and determine whether there is enough evidence to bring criminal charges against a defendant. The grand jury operates in secret, with only the prosecutor and witnesses present, and comprises citizens selected from the county in which it operates. While the grand jury has significant powers, its activities are limited by strict rules of procedure and evidence and constitutional protections for individual rights and liberties.

If you are charged with a felony offense in Arizona, and the charges are dismissed without prejudice before an indictment/information, your case may go to a grand jury for formal charges. Therefore, having an experienced criminal attorney on your side is essential to review your case, including the grand jury testimony/evidence presented. Call us today to speak with a Former Prosecutor for a free case review.