6. • If the grand jury decides that evidence is strong enough to hold a suspect for trial, it returns a bill of indictment (a true bill) charging the suspect with a specific crime.
— Also termed accusing jury; presenting jury; jury of indictment. Cf. petit jury under JURY. [Cases: Grand Jury 1.]
“The grand jury serves — or may serve — two distinct functions. One is a screening function; the grand jury evaluates evidence supporting possible charges and returns an indictment only in those cases in which the evidence amounts to at least probable cause. The other is an investigatorial function; the grand jury sometimes develops information that is of value in determining whether grounds for a charge exist and — perhaps incidentally — in proving that charge at the defendant’s later criminal trial.” Frank W. Miller et al., Cases and Materials on Criminal Justice Administration 546 (3d ed. 1986).
additional grand jury. See special grand jury.
investigative grand jury. A grand jury whose primary function is to examine possible crimes and develop evidence not currently available to the prosecution.
— Also termed investigatory grand jury.
runaway grand jury. A grand jury that acts essentially in opposition to the prosecution, as by perversely failing to return an indictment that the prosecution has requested.
screening grand jury. A grand jury whose primary function is to decide whether to issue an indictment.
special grand jury. A grand jury specially summoned, usu. when the regular grand jury either has already been discharged or has not been drawn; a grand jury with limited authority.
— Also termed additional grand jury; extraordinary grand jury. [Cases: Grand Jury 10.]
