In Missouri, 12 grand jurors meet in secret to hear evidence presented by a prosecuting attorney. The jury must determine if a crime has been committed and if there is probable cause to indict the accused.
The use of a grand jury is not required, but grand juries appeal to prosecutors for variety of reasons. They can provide political cover while also allowing for the collection of additional evidence via subpoena.
The standard of proof in a grand jury proceeding is lower than in a regular criminal trial. Rather than “guilty beyond a reasonable doubt”, the prosecutor must show only that a preponderance of the evidence points to guilt – a standard similar to an American civil court trial.
There is no judge present and the lawyer of the accused cannot attend proceedings, although the accused may testify as a witness.
Once the evidence has been presented, at least nine members of the grand jury must vote in favour of indicting the accused for charges to result.
