Evolution and History of the Grand Jury

• Jurisdiction: Maryland

II. Evolution and history of the grand jury

A. The early grand jury

Originally, the grand jury was an independent body of citizens, serving as a "watchdog" over the prosecution to protect citizens from unfounded charges. The "watchdog" function was exercised by giving the grand jury a major role in the overlapping functions of investigation, screening, and charging. In Branzburg v. Hayes, 408 U.S. 665 (1972), the Supreme Court noted that grand juries have "the dual function of determining whether there is...