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Criminal Procedure • 14th Amendment
CRIMPRO#041
Legal Definition
During grand jury proceedings, the exclusionary rule does not apply. The proceedings are secret, and the defendant has no right to appear or send in witnesses.
Plain English Explanation
A grand jury is a tool of the justice system that helps prosecutors determine whether or not they would have enough evidence to file charges against a suspect. In contrast, a trial jury is a group of citizens who have to decide whether to believe the prosecutors or the defendants in a criminal proceeding. In other words, a trial jury must abide by much more strict rules because there are much more strict consequences to their job, while a grand jury exists to help prosecutors brainstorm how and if they will charge someone with a crime.
For this reason, grand juries are held to much lighter standards and are allowed to hear and see evidence that may otherwise be excluded from an actual criminal trial. Thus, the exclusionary rule does not apply to grand juries. This means they are allowed to consider much more evidence than may actually be presented in court. Additionally, though defendants have a right to appear in their criminal trials and offer a defense, no such right exists in a grand jury.
For this reason, grand juries are held to much lighter standards and are allowed to hear and see evidence that may otherwise be excluded from an actual criminal trial. Thus, the exclusionary rule does not apply to grand juries. This means they are allowed to consider much more evidence than may actually be presented in court. Additionally, though defendants have a right to appear in their criminal trials and offer a defense, no such right exists in a grand jury.
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