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n a certain number of citizens selected according to law and sworn to inquire of certain matters of fact and to declare the truth on evidence submitted to them.
References in periodicals archive ?
The grand jury and the petit jury have entirely different purposes and functions.
Castaneda addressed grand jury selection, but it has been widely applied to challenges to petit jury selection as well.
239) Sullivan & Nachman, supra note 30, at 1053 ("[T]he grand jury gives the prosecutor a feel for how the case will appear to a petit jury.
Therefore, any defects or abuses of the grand jury process that may have infected the indictment will not be cured by conviction by a petit jury and application of the harmless error rule.
Just as Vaughan must have been aware that a petit jury could not be expected to have any personal knowledge about the case it was hearing, the Whig polemicists who recited Vaughan's arguments must have known that these claims made even less sense when applied to the grand jury, which was subject to no vicinage requirement of any sort.
While these cases held that not all grand jury errors require dismissal of an indictment and that the conviction of a defendant by a petit jury may render harmless some of the alleged grand jury errors, they do not support the proposition that all grand jury errors -- particularly those involving the legal instructions given to the grand jurors, which go to the heart of the indictment process -- are harmless.
United States,(52) the first case to recognize that women comprise an integral part of the community from which jurors are selected, the Court exercised its power of supervision over the federal courts by reversing the indictments and convictions of two criminal defendants based on the systematic exclusion of women from participation on the grand jury and petit jury.
convicted but by the unanimous verdict of a Petit Jury of good and lawful men.
36) Holding that "the selection of a petit jury from a representative cross section of the community is an essential component of the Sixth Amendment right to a jury trial,"(37) the Court struck down Louisiana's "opt-in" system for women.
Illinois,(99) where the Court held that the Sixth Amendment grants an affirmative right to a fair cross-section on the venire but does not entitle the defendant to any particular composition in the petit jury.