How the Grand Jury System in Texas Works
Grand juries have been in the news often in the last year. And Harris County District Attorney Devon Anderson wants to change the method Texas uses to select grand jurors to serve. So how do grand juries actually work? Like the juries most of us are familiar with, a grand jury is comprised of twelve people. These twelve people examine criminal complaints produced by the state to determine whether there is sufficient evidence to generate an indictment. The standard of proof to indict is probable cause.
The Mystery of the Grand Jury
Grand Juries are a strange animal because they are by nature secretive and closed to the public. The secretiveness of the process stands out in stark contrast with the rest of the criminal justice system in which transparency is integral. The right to a fair trial demands openness throughout. However, Texas law requires that the only people permitted in the grand jury room are the grand jurors, the prosecutor, the witness being examined, bailiffs, and potentially an interpreter or a stenographer. Neither the defendant nor the defendant’s attorney are allowed to be present. The results are not even made into a public record. The reason for the secrecy to protect witnesses who otherwise might not step forward. But the secrecy can sometimes compromise the fairness of the process and sometimes results in abuse.
A Restraint on Prosecutorial Power?
Grand juries are supposed to be a built-in restraint on prosecutorial power. However, it doesn’t always work out this way. Both across Texas and nationally, many have been vocal about various failures of the grand jury system. Criticism has been pointed and multifaceted—ranging from grand juries failing to reflect a community’s diverse population, to grand jurors threatening testifying witnesses, and the intensely publicized non-indictment of police officers in national cases in Missouri and New York.
The Key Man System
Texas uses what is called a “key man” system to find people to serve on grand jury. District judges appoint grand jury commissioners, and they determine who will be empaneled. The system is often derisively referred to as the “pick-a-pal” system because those chosen to serve are often friends of the grand jury commissioner. This results in grand jury panels composed of people who are socioeconomically and demographically similar. This is the criticism leveled by Anderson and others. One Texas lawmaker has proposed a bill in the legislative session to do away with the key man system. The only states to still use this system are Texas and California.
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