The Grand Jury
Screening function to consider charges against particular person in particular case (as distinguished from its investigatory function)
If it finds evidence sufficient to establish probable cause, it returns an indictment (if not, a “no bill”)
Not to be confused with Gerstein probable cause determination (not an actual proceeding)
Secret by tradition (oath of secrecy)
Wide authority – can subpoena documents, witnesses, very little supervision … independent entity
In reality, a tool of prosecutor – serves as arm of their office (“runaway GJ” acts independently of P)
Operation varies:
Federal:  22 people for 18 month term, ex. one morning a month
Texas:  12 people for 3 months, usually twice a week; commissioner system, has been upheld by               USSC but has been in question before (threat of discrimination)
*TX Const. requires GJ in all felony cases (like feds)
Discrimination
conviction won’t stand bc tainted GJ effects whole trial; so fundamental that you don’t have to raise claim pre-trial (unlike Gerstein, bail, etc.)
Hidalgo County  – look at census data and how selected; showing of discrimination against Mexican-Americans in GJ selection, so conviction had to fall.
voter registration can be used, but whatever method must consider broad cross-section
Voting Rights Act 1965 – assumption that lists are free from discriminatory taint
Evidence requirements
Costello – ok if only hearsay evidence presented … can still indict D (often only hear from supervising police officer with summarized reports)
Prosecutor need not show exculpatory evidence to GJ
Illegally seized evidence can be considered
Testimony of Individuals in Front of the GJ
5A – can’t be compelled to testify against yourself
Immunity – can eliminate 5A protection if promise won’t be prosecuted re. your testimony
transaction – immunity from any related crime (preferred by witnesses, Monica got this)
use – can’t use any leads from testimony against you
Appear alone – no right to counsel in the room