Federal Grand Juries

The Fifth Amendment requires that no person be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, so nearly every federal felony charge must be approved by one. A federal grand jury has 16 to 23 citizens drawn from the district, sits for up to 18 months, and votes to indict when at least 12 members find probable cause that a crime was committed and that the person committed it. The requirement applies only in federal courts. The Supreme Court held in 1884 that states need not use grand juries, and about half do not for most cases.

Grand jury proceedings are unlike trials. A prosecutor presents evidence and witnesses, with no judge in the room and no defense lawyer, and the target has no right to testify or present evidence. Everything is secret under the federal rules, to protect witnesses and people who are not charged. Grand juries also have broad investigative power, issuing subpoenas for documents and testimony, which makes them a central tool in complex fraud, corruption, and national security cases. A defendant may waive indictment and be charged by an information filed by the prosecutor, which is common in plea deals.

Because grand juries hear only one side, they almost always indict, and a New York judge once said a prosecutor could get one to indict a ham sandwich. Justice Department data for 2010 showed grand juries declining to indict in 11 of about 162,000 cases. Refusals became more visible in 2025, when grand juries in Washington and elsewhere declined to indict in several high-profile cases. Supporters say the grand jury still screens weak cases and protects citizens from overreaching prosecutors, while critics say it has become a rubber stamp and propose allowing defense evidence or judicial oversight.