WARSAW — With recent circumstances surrounding a grand jury indictment of Kosciusko County Sheriff C. Aaron Rovenstine, many are fuzzy on what a grand jury is.

According to an article posted at findlaw.com, a grand jury is sometimes used in place of a preliminary hearing prior to a criminal trial. Unlike a trial jury, a grand jury does not decide whether a person is innocent or guilty. Rather, its job is to determine whether there is probable cause for a defendant to go on trial.

The United States Courts website explains that a grand jury usually consists of 16 to 23 people, whereas a trial jury is usually 12. In addition, defendants and their attorneys do not appear before the grand jury.

FindLaw goes on to explain that a grand jury hearing does not involve a judge. Rather, a prosecuting attorney is present to explain the legal procedure. Grand jury hearings are not open to the public, unlike a regular jury trial. The grand jury hears testimony and reviews other types of evidence before deciding whether to indict.

Because the prosecutor is the only attorney present during a grand jury hearing, some have expressed concern over the process being one-sided. Northwestern University’s School of Law has posted an article explaining some of the controversy behind the grand jury and why in some places it has been abolished.

Over time, the process has become somewhat controversial, to the point where a grand juror once noted, “a grand jury could indict a ham sandwich if they wanted to.”

In some states, courts use preliminary hearings instead of a grand jury.

Grand juries also differ from trial juries in that a unanimous decision is not required. FindLaw notes that only two-thirds or three-fourths are needed for an indictment.

In the case of Rovenstine, Grace College Professor Mark Soto and Kosciusko County resident Kevin L. Bronson, a grand jury was called on to determine whether there was enough evidence against the three of them for there to be a trial. The grand jury indicted all three and warrants were issued for their arrest.

See related:
Sheriff, College Profesor Among Three Indicted
Many In Shock Over Sheriff’s Indictment
Documents Still Remain Sealed, Could Be Vital Importance To County