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| Thursday, July 30, 1998 Published at 22:46 GMT 23:46 UKGrand Jury - its role and powers ![]() Kenneth Starr convened the grand jury - but what does it do? President Clinton will testify to it on videotape; Monica Lewinsky has been given sweeping legal immunity so that she can give evidence to it; and independent prosecutor Kenneth Starr wants to persuade it that he has been justified in his single minded pursuit of the so-called sex and perjury case. But what is the grand jury and how could its deliberations lead to the end of the political life of a president who is as popular in the polls as Bill Clinton?
They decide if there is 'probable cause' to believe a crime has been committed. They are charged with protecting citizens by ensuring that unfounded criminal prosecutions are not pursued. Unlike a trial jury, a grand jury does not determine on guilt, just whether there appears to be a case to answer. Powerful investigative tool A grand jury usually sits for 18 months and contains a minimum of 16 members but more typically 23. Although they can be made up of anyone eligible to sit on a trial jury the panels tend to include more retired people because of the time the length of service required.
Normally, the prosecutor controls proceedings in private, no judge is present and witnesses, who are under oath, must testify without their lawyers in the room - although witnesses are allowed to ask for permission to leave the room in order to consult with their legal advisors. (President Clinton's legal team have negotiated to be present when questions are asked, to provide answers on videotape and to have proceedings conducted in the White House.) And whereas trial juries purely listen to evidence, grand jurors can ask questions - and regularly do. Fifth Amendment Witnesses can plead the Fifth Amendment and refuse to answer self-incriminating questions. But in such cases they may be granted immunity from prosecution - which obliges them to answer or be jailed from contempt. (Monica Lewinsky has been granted immunity in return for giving the grand jury truthful testimony about her alleged affair with the president.) Rife with rumour
That is one reason why prosecutors and jurors are legally prohibited from making public comments although witnesses are free to discuss their testimony. At the end of the day the grand jury has the power to close the book on Mr Starr's investigation or decide if there should be another chapter. If the jury panel finds against the president, Mr Starr can present their findings to the House of Representatives, which could then begin impeachment proceedings. |
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