In certain federal crimes, a grand jury is convened to review evidence and hear witness testimony in order to determine if an individual should be indicted for a crime. In Texas, all felonies are charged by an indictment in front of a grand jury. The prosecutor presents the state's evidence to the grand jury, which then decides whether there is enough probable cause to believe that a crime took place.
This process is a mystery to most defendants, and even many attorneys are unfamiliar with how to handle the grand jury process. But even though defense attorneys are not allowed in the room while the prosecution presents their evidence, the grand jury process still presents many opportunities for the defense to influence the proceedings.
The "grand jury", which seems to have been instituted in England about the middle of the twelfth century, is intended to determine cause for criminal prosecution. Though instituted to hold the local community responsible for bringing its malefactors to justice, it has come to be regarded over the centuries as a safeguard against unwarranted prosecution and, as such, was incorporated in the Fifth Amendment to the United States Constitution. This provision has not been made applicable to the states by the doctrine of selective incorporation; however, a provision in the Texas Constitution of 1876 requires grand jury indictment for prosecution of any state felony.
In a Texas grand jury proceeding, a district judge appoints three to five citizens of the county to be jury commissioners, serving either during the current or succeeding term of court. These commissioners then select fifteen to twenty additional citizens of the county to be summoned as grand jurors for the next term of court. Commissioners must, to the fullest extent possible, select jurors who represent a broad cross-section of the population of the county and consider the factors of race, sex, and age. Potential jurors must also meet certain other qualifications, including the ability to read and write.
Before the grand jury has been impaneled, any person may challenge the entire jury or anyone presented as a grand juror. The term of the grand jury is the same as that of the district court that organized it, with some provision for extension at the judge's discretion. Once twelve qualified jurors are present, the court impanels them as a grand jury, with one juror appointed as foreman.
The grand jury's investigation of any matter may be initiated by the court, the district attorney, its own members, or any credible person. They may summon witnesses by subpoena and examine them under oath. On completion of an investigation the grand jury determines by vote whether or not an indictment should be presented to the court; nine votes are necessary for a decision to indict, and nine members also constitute a quorum.
The grand jury may also make reports to the district court on conditions in the county or the misconduct of an individual. A grand jury indictment is called a "true bill" against a prisoner; a decision not to indict is considered a "no bill."
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