The Fall of Grand Juries

Grand juries once played a preeminent role in American civic life. Today, they do little more than ratify indictments sought by prosecutors. How did this happen? This Article explores that question, primarily relying on period newspapers and constitutional convention transcripts. It looks at the pervasive role grand juries held and the anti-grand jury movement that arose in the mid-19th century. To understand the anti-grand jury fervor, this Article examines five explanations of why grand juries fell from grace: (1) they failed to protect the innocent or punish the guilty, (2) they facilitated anonymous character assassinations, (3) they were too expensive and cumbersome for a tax-conscious society, (4) as government professionalized, there was less need for citizen panels, and (5) urbanization meant that grand juries could not as easily represent their communities.