The grand jury plays a vital role in the American criminal justice system, yet it remains one of its least understood processes.
Rooted in English common law, the grand jury’s primary purpose is to decide whether there is probable cause to formally charge someone with a crime. It does not determine guilt or innocence.
In Marshall County, the grand jury reviews evidence presented by law enforcement and the District Attorney’s Office to decide whether a criminal case should move forward to Circuit Court. If the grand jury finds enough evidence to support probable cause, it issues an indictment, also known as a “true bill.” If it does not, the result is a “no bill,” and the case does not proceed.
A grand jury is typically made up of 18 citizens chosen from the regular jury pool. Members must be at least 19 years old, be U.S. citizens, reside in Marshall County, and have no disqualifying felony convictions. Grand juries generally convene several times each year for week-long sessions and may review dozens of felony cases during that time. At least 12 members must vote in favor to return an indictment.
Grand jury proceedings are closed to the public and conducted in secret as required by Alabama law. This protects the integrity of investigations and the privacy of victims and suspects. Those present typically include the jurors, the prosecutor, and any witnesses called to testify. Law enforcement officers often present cases. Defendants and their attorneys do not have a right to appear, although in rare circumstances a defendant may request to testify and be granted permission.
Prosecutors prepare and present cases to the grand jury but are not permitted to be present during deliberations or voting.
By law, the grand jury is an independent body of the court and does not work for or answer to the District Attorney.
When an indictment is issued, the case moves to Circuit Court for arraignment, possible plea negotiations, and, if necessary, trial. If no indictment is returned, the case is generally closed unless new evidence becomes available. Grand jury proceedings are confidential, and jurors take an oath of secrecy to protect witnesses, prevent tampering or retaliation, and avoid influencing potential jurors in a future trial. This confidentiality is essential to preserving the fairness and independence of the process.