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The Grand Jury


The United States grand jury system is receiving national attention in the wake of two controversial grand juries’ decisions that have prompted popular protests following the fatal shooting of Michael Brown and the chokehold death of Eric Garner.  For persons interested in learning about grand juries in order to better follow the national debate, the following resource links may be of use:

The grand jury was established in the United States by the Fifth Amendment to the Constitution, and Title III, Rule 6 of the Federal Rules of Criminal Procedure governs its operations in federal court.  A grand jury practitioner’s resource guide is offered by the Department of Justice. 

The Fifth Amendment does not apply to state courts; the states themselves have the authority to chose whether or not to employ grand juries.  The following links lead to the relevant constitutional provisions, statutes or criminal code sections empowering grand juries in the various states and the District of Columbia:
  1. Alabama
  2. Alaska
  3. Arizona
  4. Arkansas
  5. California
  6. Colorado
  7. Connecticut
  8. Delaware
  9. District of Columbia
  10. Florida
  11. Georgia
  12. Hawaii
  13. Idaho (1, 2, 3, 4, 5)
  14. Illinois
  15. Indiana
  16. Iowa
  17. Kansas
  18. Kentucky (1, 2, 3, 4, 5, 6, 7)
  19. Louisiana
  20. Maine
  21. Maryland
  22. Massachusetts
  23. Michigan
  24. Minnesota
  25. Mississippi
  26. Missouri
  27. Montana
  28. Nebraska
  29. Nevada
  30. New Hampshire
  31. New Jersey
  32. New Mexico
  33. New York
  34. North Carolina
  35. North Dakota (1, 2)
  36. Ohio
  37. Oklahoma
  38. Oregon
  39. Pennsylvania
  40. Rhode Island (1, 2)
  41. South Carolina
  42. South Dakota
  43. Tennessee
  44. Texas (1, 2)
  45. Utah
  46. Vermont (1, 2)
  47. Virginia
  48. Washington
  49. West Virginia
  50. Wisconsin
  51. Wyoming
Finally, while the Brown and Garner decisions were made in Missouri and New York, the question of bias in grand jury deliberations is not a new subject of concern in the Houston area.  Local scholars interested in learning more about grand juries have the opportunity to consult the following resources, all available from the University of Houston library system:

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