Rule 6 of the Federal Rules of Criminal Procedure: Grand Juries

Overview

Rule 6 of the Federal Rules of Criminal Procedure governs the formation and proceedings of grand juries in federal criminal cases. This article provides an overview of Rule 6, including the composition, authority, and procedures of grand juries.

Composition of Grand Juries

According to Rule 6(a), grand juries are composed of 16 to 23 members. These members must be randomly selected from a fair cross-section of the community. They must also be at least 18 years old, United States citizens, and residents of the district where the grand jury is sitting.

Authority of Grand Juries

Grand juries have the authority to investigate potential criminal conduct and to determine whether criminal charges should be brought. They can subpoena witnesses and documents, administer oaths, and compel testimony. However, grand juries cannot try criminal cases or impose punishment.

Procedures

Rule 6 sets forth the procedures for grand jury proceedings. These procedures include the following:

• The grand jury is assembled by the court.
• A prosecutor presents evidence to the grand jury.
• Witnesses may be called to testify before the grand jury.
• The grand jury deliberates in secret.
• The grand jury decides whether to issue an indictment.

Indictments

If the grand jury decides that there is sufficient evidence to support criminal charges, it will issue an indictment. An indictment is a formal charging document that alleges that the defendant has committed a crime. The indictment must be signed by at least 12 grand jurors.