GRAND JURIES
It should be noted that the grand jury system is a
mechanism for bringing a
serious criminal matter to the district court. A
grand jury is a panel of citizens called together to hear evidence and determine
if criminal charges should be initiated.
Grand jury proceedings are private and secret, prospective
defendants are not entitled to be present at the proceedings,
and no one is allowed to cross-examine witnesses on
the defendant's behalf. Information presented to
the grand jury is presented by prosecuting attorneys.
The grand jury has broad investigative powers and may
compel the attendance of witnesses or compel answers
to questions and submission of records. If the
grand jury determines that criminal proceedings should be initiated, it returns
what is called an indictment. Based on this
indictment, the court causes either a summons or an arrest warrant to be issued.
The individual then appears before the district court to answer the
charges and enter a plea at an arraignment. Effectively,
the grand jury process eliminates the necessity for the preliminary hearing and
any proceedings in the magistrate division.