Welcome to You Ask Andy

Carla Brown, age 14, of St. Augustine, Fla. for her question:

WHEN DID THE GRAND JURY SYSTEM COME INTO PRACTICE?

Grand jury is a judicial system based on common law in which a jury is called to determine whether sufficient evidence exists to warrant a trial of a person or persons accused of a crime. The institution of the grand jury has been important in history as a bulwark against tyranny since the 12th century.

Back in those days, however, even though the grand jury existed, the Crown also enjoyed the right of initiating criminal prosecutions. The abuse of this prerogative was one of the principal causes of the popular risings against the Stuart monarchs Charles I and James II in England in the 17th century and agains King George III in the American colonies in the 18th century.

The principal established in these revolutions, that only the people should have the power to institute criminal  oral, as may be necessary to support an indictment at a trial. When inquiring into a particular criminal charge, however, the grand jurors do not examine witnesses for the defense, because it is not the duty of the grand jurors to find a verdict.

When a grand jury decides that sufficient prima facie evidence exists to warrant a trial, a clerk appointed by the court endorses on the indictment the words: "A true bill." Should the jurors find that sufficient evidence does not exist, the clerk endorses on the indictment the words: "Not a true bill."

Here's the Fifth Amendment of the Constitution that spells out details on a grand jury, along with other important protections:

"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; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life,  liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

 

PARENTS' GUIDE

IDEAL REFERENCE E-BOOK FOR YOUR E-READER OR IPAD! $1.99 “A Parents’ Guide for Children’s Questions” is now available at www.Xlibris.com/Bookstore or www. Amazon.com The Guide contains over a thousand questions and answers normally asked by children between the ages of 9 and 15 years old. DOWNLOAD NOW!