Friday, December 19, 2008

What is a Grand Jury

“A panel of citizens that is convened by a court to decide whether it is appropriate for the government to indict (proceed with a prosecution against) someone suspected of a crime.

An American institution since the colonial days, the grand jury has long played an important role in Criminal Law. The Fifth Amendment to the U.S. Constitution says that a person suspected of a federal crime cannot be tried until a grand jury has determined that there is enough reason to charge the person. Review by a grand jury is meant to protect suspects from inappropriate prosecution by the government, since grand jurors are drawn from the general population.” From: The Free Dictionary by Farlex.

Grand Juries do not investigate anyone for a federal crime an investigation is carried out by the U.S. Attorney and his office. The current U.S. Attorney for New Mexico is a republican. U.S. Attorney’s are appointed by the federal government and serve at the pleasure of the President of the United States as we learned last year during the dismissal of our own U.S. Attorney Mr. David Iglesias.

This is a good example of why the voting public should be the ones to choose our legal officials. It is far better that our judges and district attorney serve at the pleasure of the voting public and owes no one person in government for their position.

Clearly it would be inappropriate for the lead government official of a state to commit in public to the press on a case that is currently before a grand jury or one that would be taken before a grand jury anytime in the near future.