The grand jury is one of the most important, yet least understood aspects of the American criminal justice system.

A descendant from old English common law, the grand jury in the United States determines whether there is probable cause to justify bringing someone to trial.

The grand jury does not determine guilt or innocence.

Here are a few details about grand juries in Shelby County:

A grand jury is made up of 12 members, five alternates and a foreman, all of them selected by the administrative judge of Criminal Court. The foreman is appointed for a two-year term, while other members serve terms of two months. The jurors are drawn from the same jury pool used for trials.

The qualifications are the same as those required for service on a trial jury, also called a petit jury. A juror must be at least 18, a U.S. citizen, a resident of Shelby County for at least 12 months. Persons ineligible for jury duty include anyone convicted of a felony, perjury or any infamous crime that impugns one’s integrity or trustworthiness.

Each week two grand juries meet independently of one another: one on Tuesday, and one on Thursday. At the end of each session, the indictments are forwarded to the Criminal Court Clerk’s Office for processing and assignment to courtrooms. 

Each grand jury hears and votes on dozens of cases per session. Together they return more than 10,000 indictments a year ranging from shoplifting to first-degree murder.

Twelve votes are needed for an indictment, also called a true bill. The foreman votes only if a 12th vote is needed. An indictment is not proof of guilt, but only a finding of probable cause that allows a case to proceed to Criminal Court.

Prosecutors prepare proposed indictments for the grand jury to consider after reviewing the facts of a case, the evidence and the applicable law. Prosecutors do not appear before the grand jury unless asked to do so by the foreman to answer questions. Otherwise the case officer, often a detective, will present the matter to the grand jury. Defendants have no legal right to appear before the grand jury, although they may request to do so. That is extremely rare.

Grand jurors can return an indictment - a true bill - which advances the case to Criminal Court for trial or settlement. If grand jurors return a no-true bill, then the case is over. In a case in which no recommendation is made by the district attorney, the grand jury may return a presentment - which has the same effect as an indictment – after listening to the facts of the case.

By statute, the grand jury is an independent body of the court. It does not work for, or answer to, the District Attorney.

Except for a special investigative grand jury, a grand jury in Tennessee is not required to record the testimony presented before them. Grand jury proceedings are secret proceedings and grand jurors are sworn to secrecy. Secrecy in grand jury proceedings is necessary to allow grand jurors to do their work independently and without outside pressure or intimidation, and to conceal the indictment from a defendant who is not in custody.