What’s the role of a grand jury in Georgia criminal defense proceedings?
A grand jury serves a specific function in Georgia criminal proceedings, particularly for felony charges, by determining whether there is sufficient basis to formally charge a person. Understanding this function clarifies the grand jury’s place in the process.
The grand jury determines whether to indict. For certain offenses, a grand jury considers whether there is sufficient basis to return an indictment formally charging a person. This determination is a distinct step that precedes a trial on the charges.
In practice, the standard differs from a trial. A grand jury’s role is to assess whether there is a sufficient basis to charge, rather than to determine guilt, which is the function of a trial. The grand jury applies a different standard than the one that governs a conviction.
The proceedings have a particular character. Grand jury proceedings differ from a trial in various respects, including how they are conducted and the role of the parties. The distinct nature of these proceedings shapes how they function within a case.
The role of a grand jury generally lies in determining whether there is a sufficient basis to formally charge a person, applying a standard distinct from that of a trial. What defines the grand jury is that it decides only whether there is enough to charge, under a standard well short of the one a trial applies, through proceedings unlike a trial in form. This screening function means a person can be indicted without the searching scrutiny a trial demands, which is why the later proceeding remains the real test.