Grand Juries Typically Approve Indictments-But in LA and DC, They’re Starting to Push Back

The Christian Science Monitor | Grand Juries Usually Approve Indictments. In LA and DC, They’re Pushing Back. – Loyola Marymount University

In a departure from long-standing norms, grand juries in Los Angeles and Washington, D.C., are increasingly challenging prosecutorial recommendations rather than routinely approving indictments. This emerging trend, highlighted by recent analyses including research from Loyola Marymount University, signals a potential shift in the justice system’s approach to criminal accountability. The Christian Science Monitor explores how these grand juries are pushing back, the implications for legal proceedings, and what this means for the balance of power between prosecutors and the public in two major U.S. cities.

Grand Juries Traditionally Serve as Gatekeepers for Indictments

For decades, grand juries have functioned primarily as formal rubber stamps in the American legal system, granting prosecutors the authority to move forward with indictments in criminal cases. Their role, cloaked in secrecy, traditionally ensured that cases met a basic evidentiary threshold before proceeding to trial. In practice, this often translated to near-universal approval rates, as grand juries typically received one-sided presentations by prosecution teams, without defense input or judge oversight.

Yet, recent developments in Los Angeles and Washington, D.C. reveal a shift in this longstanding dynamic. Grand juries in these jurisdictions are beginning to exercise more rigorous scrutiny, sometimes even challenging or rejecting indictments that lack robust factual grounding. This emerging trend underscores a reevaluation of their gatekeeping function, raising questions about accountability and balance in the criminal justice process. Key factors influencing this shift include:

  • Increased transparency demands from community advocates and legal reformers
  • Enhanced juror awareness of prosecutorial discretion and its limitations
  • New procedural guidelines enabling more adversarial presentations in grand jury hearings

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For decades, grand juries have functioned primarily as formal rubber stamps in the American legal system, granting prosecutors the authority to move forward with indictments in criminal cases. Their role, cloaked in secrecy, traditionally ensured that cases met a basic evidentiary threshold before proceeding to trial. In practice, this often translated to near-universal approval rates, as grand juries typically received one-sided presentations by prosecution teams, without defense input or judge oversight.

Yet, recent developments in Los Angeles and Washington, D.C. reveal a shift in this longstanding dynamic. Grand juries in these jurisdictions are beginning to exercise more rigorous scrutiny, sometimes even challenging or rejecting indictments that lack robust factual grounding. This emerging trend underscores a reevaluation of their gatekeeping function, raising questions about accountability and balance in the criminal justice process. Key factors influencing this shift include:

  • Increased transparency demands from community advocates and legal reformers
  • Enhanced juror awareness of prosecutorial discretion and its limitations
  • New procedural guidelines enabling more adversarial presentations in grand jury hearings
Jurisdiction Traditional Indictment Approval Rate Recent Shift in Jury Scrutiny
Los Angeles 98% Notable increase in indictments declined (15% in last year)
Washington, D.C. 95% Rising pushback with more jurors questioning evidence

Jurisdiction Traditional Indictment Approval Rate Recent Shift in Jury Scrutiny
Los Angeles 98% Notable increase in indictments declined (15% in last year)
Washington, D.C. 95%