Misplaced Pages

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91-524: It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes. It is further the policy of the United States that all citizens shall have the opportunity to be considered for service on grand and petit juries in

182-480: A "secret, un-indicted, co-conspirator". Despite evading impeachment by resigning from office, Nixon was still required to testify before a grand jury. In 1998, President Bill Clinton became the first sitting president required to testify before a grand jury as the subject of an investigation by the Office of Independent Counsel . While all states have provisions for grand juries as of 2003, today approximately half of

273-543: A bill of indictment against another before the grand jury without any previous inquiry into the truth of the accusation before a magistrate. This right was at one time universal and was often abused. A substantial check was put on this abuse by the Vexatious Indictments Act 1859. This Act provided that for certain offences which it listed (perjury, libel, etc.), the person presenting such an indictment must be bound by recognizance to prosecute or give evidence against

364-485: A capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury   ..." In the early decades of the United States, grand juries played a major role in public matters. During that period counties followed the traditional practice of requiring all decisions be made by at least 12 of the grand jurors, (e.g., for a 23-person grand jury, 12 people would constitute a bare majority). Most criminal prosecutions were conducted by private parties, either

455-408: A different approach in scrutinizing wrongdoings and publicizing them to the public from what interventionist approach does. In addition this is the reason why characteristics including neutrality, fairness, objectivity, and impartiality are important. But it does not mean that watchdog journalists do not take a skeptical and critical action. The detached watchdog journalism is predominant especially in

546-424: A few factors that are likely to have an influence over the type of watchdog performance in the journalism. Detached watchdog journalism, one of the four identified journalism cultures, puts emphasis on neutrality, fairness, objectivity, and impartiality. This is the most familiar and pervasive type of a few forms of watchdog journalism. Detached watchdog refers to observing issues in a detached manner. So it pursues

637-637: A few families caused resentment over time. The system of local government started to become more representative from the passing of the Municipal Corporations (Ireland) Act 1840 . A divergence of opinions can be seen in the House of Commons debate on 8 March 1861 led by Isaac Butt . Grand juries were eventually replaced by democratically elected county councils by the Local Government (Ireland) Act 1898 , as regards their administrative functions. After

728-412: A grand jury came into operation. The grand jury was established for Cape Town alone. It met quarterly. In 1842 it was recorded that it served a district of 50,000 inhabitants and in one quarterly session there were six presentments (1 homicide, 2 assaults, 1 robbery, 1 theft, 1 fraud). As elsewhere, the judge could use his charge to the grand jury to bring matters of concern to him to the attention of

819-539: A grand jury can still be seen. The grand jury would evaluate charges and return what was called a "true bill (of indictment)" if the charges were to proceed. or a verdict of nolle prosequi if not. The practice gradually disappeared in Canada over the course of the twentieth century, after being the subject of extended discussions late in the 19th. It was ultimately abolished in 1984 when the Nova Scotia courts formally ended

910-445: A grand jury, 12 of whom behoved to concur before a true bill could be found. An indictment was then preferred in court and the witnesses endorsed on it were called over and sworn; on which the jury retired to the exchequer chambers and the witnesses were conducted to a room near it, whence they were called to be examined separately. Two solicitors for the crown were present at the examination but no one else; and after they had finished and

1001-430: A law enforcement officer, a lawyer hired by a crime victim or his family, or even by laymen. A layman could bring a bill of indictment to the grand jury; if the grand jury found that there was sufficient evidence for a trial, that the act was a crime under law, and that the court had jurisdiction, it would return the indictment to the complainant. The grand jury would then appoint the complaining party to exercise essentially

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1092-452: A local newspaper that plays a role as a watchdog journalism is related to putting a financial problem directly on members in a community. Based on the research conducted by the University of Illinois at Chicago and the University of Notre Dame , it is found that increasing in borrowing costs after a local newspaper is closed has a close connection with municipal government. It indicates that

1183-484: A member of a Grand Jury... levied the local taxes, appointed the nephews of his old friends to collect them, and spent them when they were gathered in. He controlled the boards of guardians and appointed the dispensary doctors, regulated the diet of paupers, inflicted fines and administered the law at petty sessions. From 1691 to 1793, Catholics and Protestants who were not members of Church of Ireland were excluded from membership. The concentration of power and wealth in

1274-412: A passive role in terms of investigating people in power. In this regard, one of the characteristics that distinguishes between detached and the other type of approaches named interventionist watchdog journalism is the type of event that journalists handle. The type of event that prompts the journalists to act as a watchdog to scrutinizing people in power by questioning and criticizing is different based on

1365-471: A petty jury, return a special or conditional finding, or select part of a count as true and reject the other part. When some bills were "found", some of the jurors came out and handed the bills to the clerk of arraigns (in assizes) or clerk of the peace , who announced to the court the name of the prisoner, the charge, and the endorsements of the grand jury. They then retired and considered other bills until all were disposed of; after which they were discharged by

1456-402: A presiding judge. The prosecutors are tasked with arranging for the appearance of witnesses, as well as drafting the order in which they are called, and take part in the questioning of witnesses. The targets of the grand jury or their lawyers have no right to appear before a grand jury unless they are invited, nor do they have a right to present exculpatory evidence. After World War II , under

1547-425: A statistically higher tendency to have felony convictions or pending felony charges which disqualify them from serving. Grand jury A grand jury is a jury —a group of citizens —empowered by law to conduct legal proceedings , investigate potential criminal conduct , and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury

1638-466: A sufficient case, the words "a true bill" were endorsed on the back of the bill. If they were of the opposite opinion, the phrase "not a true bill", or the single Latin word ignoramus ("we do not know" or "we are ignorant (of)"), was endorsed instead and the bill was said to be "ignored" or thrown out. They could find a true bill as to the charge in one count, and ignore that in another; or as to one defendant and not as to another; but they could not, like

1729-501: Is dismissed as unfounded; the potential defendant is said to have been "no-billed" by the grand jury. If the grand jury returns an indictment as a true bill ( billa vera ), the indictment is said to be founded and the party to stand indicted and required to be put on trial. In Japan, the Prosecutorial Review Commission is made up of 11 randomly selected citizens, is appointed to a six-month term, and its primary purpose

1820-537: Is examining cases prosecutors have chosen not to continue prosecuting. It has therefore been perceived as a way to combat misfeasance in public officials. This is similar to civil grand juries in U.S. states like California. Many early grand juries in the U.S. had quasi-legislative functions like passing legislation or approving taxes or expenditures. From the 17th century until 1898 in Ireland , Grand Juries also functioned as local government authorities: They fixed

1911-406: Is often viewed as a dangerous and powerful tool. Since many local news media establishments and newspapers have faced closing or consolidation in recent years, watchdog journalism is in danger of extinction. In the United States, more than 1,400 cities in the last 15 years ago have seen independent local newspapers close, particularly cities where journalism that reported issues caused by corruption

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2002-710: Is repealed). The Australian state of Victoria maintained, until 2009, provisions for a grand jury in the Crimes Act 1958 under section 354 indictments, which had been used on rare occasions by individuals to bring other persons to court seeking them to be committed for trial on indictable offences. Grand juries were introduced by the Judicature Act 1874 and have been used on a very limited number of occasions. Their function in Victoria particularly relates to alleged offences either by bodies corporate or where magistrates have aborted

2093-587: Is separate from the courts , which do not preside over its functioning. Originating in England during the Middle Ages , prominent modern examples include grand juries in the United States , and to a lesser extent, Liberia and Japan . Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it;

2184-409: Is supplemented by other lists in which those groups are more adequately represented. Even with such supplementation, some minorities may be underrepresented if members of those minorities have a greater than average occurrence of certain characteristics that tend to disqualify them from jury service. For instance, relatively transient groups (such as students) may have less opportunity to serve because of

2275-670: The Cape Argus and was a subject of a question to the government in the House of Commons in London. The grand jury continued in operation until 1885, by which time the Cape was under responsible government , when it was abolished by Act 17 of 1885 of the Cape Parliament . Grand juries were established in France in 1791 under the name jury d'accusation , but they were abolished with the introduction of

2366-468: The Code of Criminal Instruction in 1808. Watchdog journalism Watchdog journalism is a form of investigative journalism where journalists, authors or publishers of a news publication fact-check and interview political and public figures to increase accountability in democratic governance systems. Watchdog journalists gather information about the actions of people in power and inform

2457-457: The High Court of Justiciary (Scotland's highest criminal court), of whom Tinwald ( Justice Clerk ) was elected preses (presiding member). Subpoenas under the seal of the court and signed by the clerk were executed on a great number of persons in different shires, requiring them to appear as witnesses under the penalty of £100 each. The preses named Sir John Inglis of Cramond as Foreman of

2548-765: The Armed Forces and petty offenses, unless upon indictment by a Grand Jury". For example, the national Port Authority's managing director was indicted by the Monteserrado County Grand Jury in July 2015, on charges of economic sabotage, theft of property and criminal conspiracy. It is one of the only remaining countries using a grand jury. Richard Helmholz traces the Grand Jury's origins to the Assize of Clarendon in 1166, an Act of Henry II of England , though others note that

2639-597: The French word grand meaning "large") is so named because traditionally it has more jurors than a trial jury , sometimes called a petty or petit jury (from the French word petit meaning "small"). A grand jury in the United States is usually composed of 16 to 23 citizens, though in Virginia it has fewer members for regular or special grand juries. The grand jury has been described as a "shield and sword" that has both an offensive purpose and defensive purpose. It has been called

2730-449: The Grand Jury, who was sworn first in the English manner by kissing the book; the others followed three at a time; after which Lord Tinwald, addressing the jurors, informed them that the power His Majesty's advocate possessed before the union , of prosecuting any person for high treason, who appeared guilty on a precognition taken of the facts, being now done away, power was lodged with them,

2821-526: The PRC system. On May 21, 2009, the Japanese government introduced new legislation which would make the PRC's decisions binding. A PRC is made up of 11 randomly selected citizens, is appointed to a six-month term, and its primary purpose is examining cases prosecutors have chosen not to continue prosecuting. It has therefore been perceived as a way to combat misfeasance in public officials. From 1945 to 1972 Okinawa

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2912-457: The U.S. House of Representatives decide to commence an impeachment process against Nixon. Audio tapes that Nixon had secretly made of events in the Oval Office revealed that Nixon tried to cover up details of the crime. As a result, the impeachment against Richard Nixon was approved by the House judiciary committee. He resigned from the presidency on August 9, 1974. The case of Watergate scandal

3003-465: The White House's involvement in the scandal were researched. It was later revealed that Deep Throat, the anonymous informant, was the 1970s FBI deputy director William Mark Felt, Sr . Journalism's role as a socio-political watchdog is threatened in many societies across the world. Due to watchdog journalism's ability to establish responsibility and handle corruption, particularly for those in power, it

3094-555: The absence of a watchdog journalism leaves the public out of a discussion and helps people in power such as government officials to refuse to meet public scrutiny. People in power are highly likely to engage in wasteful spending because there is no journalism that watches and criticizes their actions, decisions, and policies. To simply put, if there is no investigative journalism, important issues that public must know are not covered. So instead of reporting on fraud, abuse, and waste, useless and meaningless topics will be handled as if they are

3185-491: The accusatory function determines whether there is probable cause to believe that one or more persons committed a particular offense within the jurisdiction of a court. While most grand juries focus on criminal matters, some civil grand juries serve an independent watchdog function. Around the 18th and 19th-century in Ireland and the U.S., grand juries were occasionally formed to pass or approve public policy. The grand jury (from

3276-442: The accused, or alternatively had judicial permission (as specified) so to do. If an indictment was found in the absence of the accused, and he/she was not in custody and had not been bound over to appear at assizes or sessions, then process was issued to bring that person into court, as it is contrary to the English law to "try" an indictment in the absence of the accused. The grand jury's functions were gradually made redundant by

3367-402: The administration of justice. It can also make presentments on crime and maladministration in its area. Traditionally, a grand jury consists of 23 members. The mode of accusation is by a written statement of two types: No indictment or presentment can be made except by concurrence of at least twelve of the jurors. The grand jury may accuse upon their own knowledge, but it is generally done upon

3458-488: The amount of the local taxation of the county, and, under their direction, it was levied from the actual occupiers of the land. At the time of the founding of the United States, a grand jury indictment was required for almost all prosecutions and juries rendered the final verdict of almost all criminal and civil cases. The Fifth Amendment to the Constitution of the United States reads, "No person shall be held to answer for

3549-418: The approaches. Within liberal media systems, the phenomenon that journalists are highly likely to take the detached approach of the watchdog journalism can be often seen because of liberal media systems’ a few unique features such as the factuality and objectivity. Historically, a lot of examples have proven that watchdog journalism has the power to dislodge corrupt people in power from their positions. One of

3640-454: The assizes, the chairman at the county sessions, the recorder at the borough sessions) gave the charge to the grand jury, i.e. he directed their attention to points in the various cases about to be considered which required explanation. The charge having been delivered, the grand jury withdrew to their own room, having received the bills of indictment. The witnesses whose names were endorsed on each bill were sworn as they came to be examined, in

3731-526: The bookkeep who worked at the Richard Nixon's re-election committee, to uncover evidence of conspiracy: Richard Nixon and his committee mishandling funds and destroying records. However, the most valuable and reliable source was an anonymous whistleblower nicknamed Deep Throat by Woodward and Bernstein. Every meeting between Washington Post investigative journalists and Deep Throat was held secretly. Through these meetings, Richard Nixon's, his committee's and

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3822-492: The borough quarter sessions did not have property qualifications; but, at the county quarter sessions, they had the same property qualification as petty jurors. However, at the assizes, the grand jury generally consisted of gentlemen of high standing in the county. After the court was opened by the crier making proclamation, the names of those summoned to the grand jury were called and they were sworn. They numbered at least 14 and not more than 23. The person presiding (the judge at

3913-520: The chief complaints was related to the jury trial, and the use of language. The desire for English law was a driver for the division in 1791 of Quebec, as it was then known , at the Ottawa river into Upper Canada and Lower Canada , as each of the two groups (French and English) desired to maintain their traditions. In point of fact, the second law passed in Upper Canada relates to (petit) jury trial. This

4004-688: The consent of the Secretary of State for the Colonies in August 1827 and the first Charter of Justice was issued on 24 August 1827. Jury trial was brought into practical operation in 1828 and the 1831 Ordinance 84 laid down that criminal cases would be heard by a panel of nine, selected from males aged between 21 and 60, owning or renting property to a value of £1.17s (37 shillings) per annum or having liability for taxes of 30 shillings in Cape Town and 20 shillings outside

4095-410: The court, they write upon the indictment the words "a true bill" which is signed by the foreperson of the grand jury and presented to the court publicly in the presence of all the jurors. If the indictment is not proven to the satisfaction of the grand jury, the word ignoramus or "not a true bill" is written upon it by the grand jury, or by their foreman and then said to be ignored, and the accusation

4186-617: The development of committal proceedings in magistrates' courts from 1848 onward when the (three) Jervis Acts, such as the Justices Protection Act 1848 , codified and greatly expanded the functions of magistrates in pre-trial proceedings; these proceedings developed into almost a repeat of the trial itself. In 1933 the grand jury ceased to function in England, under the Administration of Justice (Miscellaneous Provisions) Act 1933 and

4277-460: The district courts of the United States, and shall have an obligation to serve as jurors when summoned for that purpose. The Jury Act scrapped the "key man" system of " blue ribbon juries ", in which jury commissioners typically solicited the names of "men of recognized intelligence and probity" from notables or "key men" of the community. A 1967 survey of federal courts showed that 60 percent still relied primarily on this so-called key man system for

4368-631: The exposure of a burglary of the Democratic National Committee headquarters in the Watergate Office Building , Washington D.C. committed by 5 former FBI and CIA agents, who were paid to plant a bug to help Nixon's re-election campaign. After the 5 were arrested, investigative journalists Bernstein and Woodward gradually exposed more details of the plot in a series of stories in The Washington Post . Eventually in 1973

4459-719: The first grand jury sat on 13 May 1837, but they were abolished in 1852. In Western Australia, by the Grand Jury Abolition Act Amendment Act 1883 (WA), grand juries were abolished (section 4: A Grand Jury shall not be summoned for the Supreme Court of Western Australia, nor for any General Quarter Sessions for the said Colony). This 1883 abolition Act was itself abolished by the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (section 5: The Grand Jury Abolition Act Amendment Act 1883

4550-617: The formation of Irish Free State , grand juries were abolished by section 27 of the Courts of Justice Act 1924 , but they persisted in Northern Ireland until abolished by the Grand Jury (Abolition) Act (Northern Ireland) 1969 of the Parliament of Northern Ireland in 1969. Grand juries were once common across Canada. The institution of British civil government in 1749 at Nova Scotia brought

4641-407: The grand jury room, the oath being administered by the foreman, who wrote his initials against the name of the witness on the back of the bill. Only the witnesses for the prosecution were examined, as the function of the grand jury was merely to inquire whether there was sufficient ground to put the accused on trial. If the majority of them (and at least 12) thought that the evidence so adduced made out

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4732-782: The influence of the Allies , Japan passed the Prosecutorial Review Commission Law on July 12, 1948, which created the Kensatsu Shinsakai (or Prosecutorial Review Commission (PRC) system), analogous to the grand jury system in the United States. Until 2009 the PRC's recommendations were not binding, and were only regarded as advisory. A survey conducted by the Japanese Cabinet Office in October 1990 showed that 68.8% of surveyed Japanese citizens were not familiar with

4823-491: The judge, chairman, or recorder. If a bill was thrown out, although it could not again be referred to the grand jury during the same assizes or sessions, it could be preferred at subsequent assizes or sessions, but not in respect of the same offense if a petty jury had returned a verdict. Ordinarily, bills of indictment were preferred after there had been an examination before the magistrates . But this need not always take place. With certain exceptions, any person would prefer

4914-616: The judicature system peculiar to that form, and the grand jury was inherent to it. A similar form derived in Quebec from the promise of the Royal Proclamation of 1763 that a faithful copy of Laws of England would be instituted in the North American possessions of the Crown. Archival records are found that document the presentments of a grand jury in Quebec as early as 16 October 1764. One of

5005-431: The jury wheel. If the jury wheel is only emptied and reloaded once every four years, by the end of the fourth year, the jury wheel will not contain the names of any residents under the age of 22. Also, if some groups of citizens (e.g. young people) are less likely than others to be registered to vote, then the jury selection process will tend to underrepresent them, unless the voter registration list or list of actual voters

5096-572: The local newspaper died. In 2010 the Los Angeles Times found that the city was near bankruptcy in spite of having atypically high property tax rates. Part-time city council members collected almost $ 100,000 a year. The Chief of Police's salary was over $ 450,000, roughly double that of the Los Angeles Chief of Police, whose department included almost 10,000 officers vs. 48 for Bell. The city manager made almost $ 800,000, almost double that of

5187-594: The main material that The Washington Post relied on. However, Washington Post investigative journalists Bob Woodward and Carl Bernstein were significant contributors who uncovered information and evidence that proved the agents' break-in to plant a bug and attempts to conceal it, which then resulted in the intervention of the Justice Department , FBI , CIA , and the White House . Woodward and Bernstein also conducted interviews with witness Judy Hoback Miller ,

5278-570: The method of inquest used by William the Conqueror in the Domesday Book . In each shire, a body of important men were sworn ( juré ) to report to the sheriff all crimes committed since the last session of the circuit court. Thus originated the more recent grand jury that presents information for an indictment. The grand jury was later recognized by King John in Magna Carta in 1215 on demand of

5369-476: The most famous examples is how coverage of the Watergate scandal, done by watchdog journalists Bob Woodward and Carl Bernstein , led to the resignation of the U.S. President Richard Nixon on August 9, 1974. The Watergate scandal was one of the biggest political scandals in the United States. It involved Richard Nixon , the 37th president of the United States and led him to resign. This scandal stemmed from

5460-435: The names of jurors. The Jury Act provides that each United States District Court shall create a list of names of prospective jurors, culled from voter registration lists or lists of actual voters, and supplemented through other sources of names if necessary to achieve a fair cross section of the community and prevent discrimination. The list must consist at least 1,000 names, and preferably at least one-half of 1 per centum of

5551-499: The nobility. The sheriff of every county was required to return to every quarter sessions and assizes (or more precisely the commission of oyer and terminer and of gaol delivery), 24 men of the county "to inquire into, present, do and execute all those things which, on the part of our Lord the King ( or our Lady the Queen), shall then be commanded them". Grand jurors at the assizes or at

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5642-554: The only problem that a community faces. For instance, a corruption scandal which is related to various public infrastructures such as hospital that require more resources with a high quality to provide better service to public will be less likely to be told. An extreme example is provided by the City of Bell scandal : Bell, California is a modest income community of roughly 37,000 in Los Angeles County . In 1999 or shortly thereafter

5733-724: The practice. The grand jury existed in New South Wales for a short period in the 1820s. The New South Wales Act 1823 (UK) enabled the establishment of quarter sessions , as a subsidiary court structure below that of the Supreme Court. Francis Forbes , Chief Justice , reasoned that this entailed the creation of quarter sessions as they existed in England. Thus, inadvertently, trial by jury and indictment by grand jury were introduced, but only for these subsidiary courts. Grand juries met in Sydney , Parramatta , Windsor and other places. This democratic method of trial proved very popular, but

5824-402: The press to be a "watchdog" and monitor a government's actions has been one of the fundamental components of a democratic society . Ettema and Glasser (1998) argue that watchdog journalism's most important role is that their "stories implicitly demand the response of public officials". Playing a role as a Fourth Estate, watchdog journalism is able to force governments to meet their obligations to

5915-462: The prosecution. The grand jury was established in New Zealand in 1844. Its function was to consider bills of indictment preferred against persons committed for trial and to decide whether the evidence against them justified their standing trial. At first the grand jury retained the theoretical power to present an indictment of its own motion, a relic of mediaeval times when the grand jury's purpose

6006-739: The protections of the U.S. Bill of Rights. Indeed, the District Court in Washington twice held that the absence of the jury system in the civil administration courts in Okinawa invalidated criminal convictions. Grand juries in Liberia were included in section 7 of article 1 of the constitution of 1847. By article 21 of the Constitution of Liberia , 'No person shall be held to answer for a capital or infamous crime except in cases of impeachment, cases arising in

6097-471: The public and the government. In May 1879 Mr. Justice Fitzpatrick, returning from circuit in the northern and western parts of Cape Colony, gave a charge to the grand jury at the Criminal Sessions at Cape Town, in which, after congratulating them upon the lightness of the calendar, he observed there were indications in the country of a growing mutual bad feeling between the races, etc. This was reported in

6188-427: The public by publicizing issues such as scandals, corruption, and failure to address needs of the public. Mellado (2015) identified and developed three dimensions of operationalization of the watchdog role: the intensity of scrutiny, journalistic voice, and the source of news event. Depending on the differences in a social and organizational level, a performance of the journalistic role also changes. In turn, there are

6279-575: The public in order to hold elected officials to account. This requires maintaining a certain professional distance from people in power. Watchdog journalists are different from propagandist journalists in that they report from an independent, nongovernmental perspective. Due to watchdog journalism's unique features, it also often works as the fourth estate . The general issues, topics, or scandals that watchdog journalists cover are political corruption and any wrongdoing of people in power such as government officials or corporation executives. The role of

6370-441: The requirement of living one year or more within the judicial district, and because they have to wait until the next time names are added to the jury wheel before they can be selected. Some groups, such as the elderly, may be underrepresented because they are statistically more likely to be incapable, by reason of mental or physical infirmity, to render satisfactory jury service. Some minorities may be underrepresented because they have

6461-445: The salaries of public officers; they regulated prisons and houses of correction; they levied funds for the support of hospitals; they made and repaired roads and bridges, and they framed accounts of the expenses incurred in these matters... They determined what public works should be undertaken — what price should be paid for them, and who were the individuals that should undertake them, and be responsible for their completion. They settled

6552-487: The same authority as a state attorney general has, that is, a general power of attorney to represent the state in the case. The grand jury served to screen out incompetent or malicious prosecutions. The advent of official public prosecutors in the later decades of the 19th century largely displaced private prosecutions. In 1974, the second Watergate grand jury indicted seven White House aides, including former Attorney General John Mitchell , and named President Nixon as

6643-442: The same background. Distinct from their public works function, as property owners they also were qualified to sit on criminal juries hearing trials by jury , as well as having a pre-trial judicial function for serious criminal cases. Many of them also sat as magistrates judging the less serious cases. They were usually wealthy "country gentlemen" (i.e. landowners, landed gentry , farmers and merchants): A country gentleman as

6734-483: The sense of the jury was collected, the indictment was returned a "true bill", if the charges were found proved, or " ignoramus " if doubtful. The proceedings continued for a week, in which time, out of 55 bills, 42 were sustained and 13 dismissed. In Ireland , grand juries were active from the Middle Ages during the Lordship of Ireland in parts of the island under the control of the English government ( The Pale ), that

6825-422: The shield of the people against the power of the crown; though Green says this is a myth. It has been described as the "sword of the people" and as a sword of the crown. The function of a grand jury is to accuse persons who may be guilty of a crime, but the institution is also a shield against unfounded and oppressive prosecution. It is a means for lay citizens, representative of the community, to participate in

6916-473: The states employ them and 22 states have provision to prevent the abolition of grand juries by legislatures or courts as of 2003. Six states (Oklahoma, Nebraska, New Mexico, North Dakota, Nevada, and Kansas) allow citizens to circulate a petition in order to impanel a grand jury. An American federal grand jury has from 16 to 23 jurors, with twelve votes usually required to return an indictment. All grand jury proceedings are conducted behind closed doors, without

7007-410: The testimony of witnesses under oath and other evidence heard before them. Grand jury proceedings are, in the first instance, at the instigation of the government or other prosecutors, and ex parte and in secret deliberation. The accused has no knowledge nor right to interfere with their proceedings. If they find the accusation true, which is usually drawn up in form by the prosecutor or an officer of

7098-458: The total number of persons on the lists used as a source of names for the district or division. These names are loaded into a jury wheel , which must be emptied and refilled at least once every four years. These minimum requirements allow some room for bias to occur. For instance, residents of a judicial district who are under the age of 18 may be excluded from the electorate by reason of youth and hence not be among those whose names are loaded into

7189-470: The town. Black (i.e. non-white) jurors were not entirely excluded and sat occasionally. This is not to imply, however, that juries did not operate in an oppressive manner towards the Black African and Asian residents of the Cape, whose participation in the jury lists was, in any event, severely limited by the property qualification. The property qualification was amended in 1831 and 1861 and, experimentally,

7280-574: The trial jury was brought to England by the Normans , and a form of grand jury may have been used during the reign of Æthelred the Unready . Henry's chief impact on the development of the English monarchy was to increase the jurisdiction of the royal courts at the expense of the feudal courts. Itinerant justices on regular circuits were sent out once each year to enforce the "King's Peace". To make this system of royal criminal justice more effective, Henry employed

7371-473: The western countries such as Germany , the United States , Austria , and Switzerland . In the detached approach, the most predominant form of watchdog journalism, criticism and question which are done by sources are the least intense levels of scrutiny. Since the detached watchdog journalism generally consists of third parties (or sources) that question, criticize, and denounce wrongdoings, it tends to play

7462-485: Was a famous example showing the role of watchdog journalism, how it works, and its impact. The media, particularly The Washington Post , significantly contributed to highlighting the fact that a connection did exist between the breaking into of the Watergate Office and Richard Nixon's re-election committee, leading to an explosion of publicity and public attention. In order to cover the scandal, anonymous sources became

7553-477: Was continued so that Chapter 31 of the 1859 Consolidated Statutes of Upper Canada specifies the constitution of Grand and Petit Juries in the province (now known as Ontario). The colony at St. John's Island, ceded by France in 1763, and separated on 30 May 1769 from Nova Scotia, became Prince Edward Island on 29 November 1798. Prince Edward Island derived its grand jury from its administrative parent between 1763 and 1769, Nova Scotia, as did Sunbury County when it

7644-840: Was entirely abolished in 1948, when a clause from 1933 saving grand juries for offences relating to officials abroad was repealed by the Criminal Justice Act 1948 . The grand jury was introduced in Scotland , solely for high treason , a year after the union with England, by the Treason Act 1708 , an Act of the Parliament of Great Britain . Section III of the Act required the Scottish courts to try cases of treason and misprision of treason according to English rules of procedure and evidence. This rule

7735-485: Was followed by the Kingdom of Ireland in 1542. They mainly functioned as local government authorities at the county level. The system was so-called as the grand jurors had to present their public works proposals and budgets in court for official sanction by a judge . Grand jurors were usually the largest local payers of rates , and therefore tended to be the larger landlords , and on retiring they selected new members from

7826-418: Was needed. The phenomenon of disappearing watchdog journalism is observed to have negative outcomes for communities: for example, the dishonest actions of powerful societal figures like politicians are unable to be watched and criticized. Lack of transparency in these communities due to disappearing critical and independent journalism creates problems and stifles a healthy democracy. In addition, disappearing of

7917-663: Was repealed in 1945. The first Scottish grand jury under this Act met at Edinburgh on 10 October 1748 to take cognisance of the charges against such rebels as had not surrendered, following the Jacobite rising of 1745 . An account of its first use in Scotland illustrates the institution's characteristics. It consisted of 23 good and lawful men, chosen out of 48 who were summoned: 24 from the county of Edinburgh ( Midlothian ), 12 from Haddington ( East Lothian ) and 12 from Linlithgow ( West Lothian ). The court consisted of three judges from

8008-725: Was resented by conservatives. Eventually, conservative elements in the colony were successful in having these innovations suppressed by the Australian Courts Act 1828 (UK). George Forbes , a member of the Legislative Council, unsuccessfully moved for the reintroduction of grand juries in 1858, but this was thwarted by the Attorney-General and the Chief Justice. In South Australia and Western Australia , grand juries existed for longer periods of time. In South Australia,

8099-520: Was split off in 1784 to become the Colony of New Brunswick . The Colony of British Columbia , when it was formed on 2 August 1858, instituted a grand jury, along with the Colony of the Queen Charlotte Islands (1853–1863) and the Colony of Vancouver Island (1848–1866) when the latter were absorbed by the former. Old courthouses with the two jury boxes necessary to accommodate the 24 jurors of

8190-483: Was to accuse rather than protect from trial. This power has disappeared in 1893. Grand juries were later abolished in 1961 and followed by special juries in 1981. Trial by jury was introduced in the Cape Colony by Richard Bourke , Lieutenant Governor and acting Governor of the colony between 1826 and 1828. The acting Governor, who was later influential in the establishment of jury trial in New South Wales , obtained

8281-535: Was under American administration. Grand jury proceedings were held in the territory from 1963 until 1972. By an ordinance of the civil administration of the Ryukyu Islands promulgated in 1963, grand jury indictment and petit jury trial were assured for criminal defendants in the civil administration courts. This ordinance reflected the concern of the U.S. Supreme Court that U.S. civilians tried for crimes abroad under tribunals of U.S. provenance should not be shorn of

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