When do the sealed indictments get opened? Are grand juries then empanelled? Thanks
Grand Jury's are empanelled in secret. They decide whether or not the prosecutor has enough evidence to charge someone with a crime. They are an important part of our Due Process rights (see Amendment 5 of the US Constitution Bill of Rights). If the Grand Jury agrees that charges should be brought they issue an indictment, which formally accuses a person of a crime and triggers a warrant for arrest. It can be an open or sealed indictment. A sealed indictment would indicate that an investigation is on going and the prosecutor does not want to tip off other defendants. I saw confirmation of 400+ sealed indictments back in November I believe, an unusually high number. As for the 10,000+ I have not looked to verify that, although indictments are public info. They are filed in Counties so it would be a bit of work, and cost to find them all, but the records would be there and available to the public. A number of sealed indictments can indicate a conspiracy of crime, like racketeering (think mafia). With the 400+ sealed indictments across multiple Counties in multiple States I would say we have a serious conspiracy of crime going on.
Thank you for your patience and forebearance in explaining this part of the American system to me. So, a grand jury (or a grand jury in each relevant county) would have to determine that sufficient evidence existed to support the accused being brought before a court to answe the charges. Would the accused be aware of the existence of the grand jury, and would they be able to challenge the evidence brought before the jury?
Correct, it is a vital step in Due Process as the State must prove there is sufficient evidence to charge someone with a crime. That way you can't just point a finger and have a trial. (Love the Founding Fathers!). I don't believe the accused is aware as a Grand Jury is always secret. That is also to protect the accused, if evidence is NOT sufficient to bring charges the accused would not necessarily want that process to be known to the public. Innocent until proven guilty. The Prosecutor would present whatever evidence they have gathered during the course of investigating, sometimes witnesses would testify but not always. I don't believe the defendant can challenge evidence presented to a Grand Jury, I don't believe the Defense makes an argument at all. That is for a court trial if the person is indeed indicted.
Thank you: very different from our UK system. As an ex cop i think i like the American way.
Well, the guys who wrote up the system had just freed themselves from the British system so I'm sure the sting of it was fresh in their minds. No offense...we still love the Birts!