BBC Radio 4's Law in Action was broadcast on Tuesday, 11 July, 2006 at 1600 BST. What do Zacarias Moussauoui, Bill Clinton and American Airlines have in common?
Answer: they were all subject to investigation by a US Grand Jury. This uniquely American legal institution decides whether or not an indictment should be issued in the most serious crimes - everything from treason to terrorism to massive fraud.
Unlike with a trial jury, jurors are shrouded in secrecy, and even get to cross examine witnesses. They act as 'detectives', deciding if the prosecution have enough evidence - or 'probable cause' - to proceed. There is no courtroom, no judge and, most curiously, no defence present. So how does it make for a fair and just system?
Professor Susan Brenner, a law professor and former attorney who has specialized in grand jury practice for 15 years, explains how it works.
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