If a grand jury fails to indict, can
the prosecutor try again to get the person indicted? Is a grand jury a
You have a great site, concerning Grand Juries.
Question 1: When a State Grand Jury fails to indict can they be
re-indicted on the same charges at a later date?
Question 2: Is the Grand Jury a trial, or a filtering function of the
Question 1: If a grand jury fails to indict, another grand jury can be
asked to decide whether it will indict. Since an indictment is not a
charge, there is no double jeopardy issue barring reconsideration by a
second grand jury . . . the only thing that would effectively prevent
that would be if the statute of limitations on the offenses at issue had
run in the interim.
Question 2: Not a trial, not at all. More like a filtering function . .
. actually, more like a prosecutor deciding whether someone should be
charged with a crime, at least in terms of deciding whether to indict.
With regard to a grand jury's investigating matters, that is more like
what the police do.