CBAWDJUBIEg;
October 1988
By Caroline Miller, Commissioner, Multnomah County, Oregon
concerned citizens, we hear and worry a good deal about our justice system. Do
we have enough jails? Are there too few police officers on our streets? What should we do about
gangs? Since these problems threaten our safety, we have focused on them and given little
attention to the other components o f the justice system which seem less troubled. But are the
consequences o f this neglect always benign? In the case o f the grand jury, maybe not. Certainly
a look at this three hundred and fifty three year old American institution is overdue. True, legal
scholars and practitioners have spent a good deal o f time and ink debating its merits, but their
arguments, largely circulated in professional journals, have failed to reach the average citizen.
For most o f us grand juries remain shrouded in mystery. This article intends to demystify their
jiinction so that we may ask ourselves whether or not the grand jury serves as a useful tool to
protect individuals and society.
Briefly, the use o f grand juries can be traced back to 1066 A .D ., the time o f the Norman
Conquest o f England. They were created to serve dual purposes:
I
to protect the
■ populace from
excessive acts of
government and the
misconduct of public
officials; and
to allow citizen
■ participation in
the preliminary stage of
law enforcement.
Contrary to its title, the grand jury
is no jury at all, in the traditional sense.
It serves the district attorney not the
courts. Its purpose is investigative not
adjudicative. In criminal matters, this
seven member panel weighs the
prosecutor’s case and may indict if a
review of the State’s evidence — without
considering the defense that might be
made by the defendant — could
establish guilt beyond a reasonable
doubt. (ORS 132.390) Put simply, the
issue “on trial” is the merit of the
district attorney’s case. If the panel is
convinced that there is sufficient
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