Grand Jury History

Introduction to Grand Jury History

The institution of the grand jury has been important in history as a bulwark against tyranny. Despite the existence of the grand jury in England as far back as the 12th century, the Crown also enjoyed the right of initiating criminal prosecutions, and the abuse of this prerogative was one of the principal causes of the popular risings against the Stuart monarchs Charles I and James II in England in the 17th century and against King George III in the American colonies in the 18th century. The principle established in these revolutions, that only the people should have the power to institute criminal prosecutions, is embodied in the 5th Amendment of the U.S. Constitution, which guarantees the institution of the grand jury. Most state constitutions have similar provisions.

The use of the grand jury was abolished in England in 1933 and replaced with the court clerk’s preparing the indictment.” (1)

Resources

Notes and References

• Information about Grand Jury History in the Encarta Online Encyclopedia

Guide to Grand Jury History