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The headline of this Washington Post article advertises:

The single chart that shows that federal grand juries indict 99.99 percent of the time

The chart itself compares the number of cases that were rejected by a federal grand jury (apparently 11) versus the number of cases U.S. prosecutors pursued (apparently 162,350).

These numbers don't seem comparable, because it is my understanding that only a subset of pursued cases are handed on to a grand jury to decide if they should be prosecuted.

When federal grand juries convene, do 99.99% of them indict the defendant?

gnometorule
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    Table 2.3 on page 12 of [the source the article cites](http://www.bjs.gov/content/pub/pdf/fjs10st.pdf) looks to be the table where "11" came from. I didn't see anything about whether S is a subset or the full set. Also, I don't know if "no true bill" is the only reason for not prosecuting that is related to a grand jury. – Rob Watts Nov 26 '14 at 20:22
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    [Also relevant](http://fivethirtyeight.com/datalab/ferguson-michael-brown-indictment-darren-wilson/) - "Wilson’s case was heard in state court, not federal, so the numbers aren’t directly comparable." – Rob Watts Nov 26 '14 at 20:41
  • Any information on state level would interest me too. I found it surprisingly hard to track down (assuming my understanding is correct). – gnometorule Nov 26 '14 at 20:55
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    [Welcome to Skeptics!](http://meta.skeptics.stackexchange.com/questions/1505/welcome-to-new-users). It took me a while to understand what the claim was that you were skeptical about. I am about to make a moderately substantial change to the question. Please review it to make sure I have got it right. – Oddthinking Nov 27 '14 at 00:09

1 Answers1

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I think the following imply that all charges which are a) federal b) capital charges are determined by Grand Jury.

Federal Grand Jury

The Fifth Amendment to the U.S. Constitution requires that federal charges for capital and infamous crimes be brought by a indictment returned by a grand jury.

Grand Jury Clause

The Fifth Amendment to the United States Constitution provides that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger . . . ."

As or difference between "capital charge" and "felony", this reference says,

Currently, federal law permits the trial of misdemeanors without indictments.[6] Additionally, in trials of non-capital felonies, the prosecution may proceed without indictments if the defendants waive their Fifth Amendment right.

I think that implies that grand juries approve all federal felony charges, not just capital charges.


The statistics are found in Table 2.3 on page 12 of Federal Justice Statistics 2010 - Statistical Tables which says there were 30,000 times when U.S. attorneys declined to prosecute, of which 11 were because the grand jury return "No true bill".

162,350 doesn't appear in that document. It appears to have been calculated by subtracting 30,670 not prosecuted (in Table 2.3) from 193,021 suspects (top of Table 2.2).

Table 4.1 shows that most although not all of these cases were felonies (thus presumably indicted by grand jury per the Fifth Amendment).

I don't understand why Table 4.1 lists a total of 99,921 "cases commenced", instead of 162,000. Still, those numbers are the same order of magnitude: and even 11/99,921 indeed implies 99.99%.


Here are other references saying almost the same thing as the Washington Post,

Rubber stamp for the prosecution

According to the American Bar Association (ABA), the grand jury has come under increasing criticism for being a mere "rubber stamp" for the prosecution without adequate procedural safeguards. ... at the mercy of very well trained and experienced federal prosecutors. Grand jurors often hear only the prosecutor's side of the case and are usually persuaded by them. Grand juries almost always indict people on the prosecutor's recommendation.[48] A chief judge of New York State’s highest court, Sol Wachtler, once said that grand juries were so pliable that a prosecutor could get a grand jury to “indict a ham sandwich.”[49] And William J. Campbell, a former federal district judge in Chicago, noted: “[T]oday, the grand jury is the total captive of the prosecutor who, if he is candid, will concede that he can indict anybody, at any time, for almost anything, before any grand jury.”[50]

ChrisW
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  • Thank you, very interesting. However, table 2.2 only shows about 5,500 violent offenses (which would need a grand jury per your first quotes); maybe some others do too. Of the 193k total, about 85k were immigration offenses which - I would think - certainly don't qualify as infamous or capital. The number still looks cooked to me. I don't question that the vast majority of grand jury cases go to trial; I still question the calculation. – gnometorule Nov 27 '14 at 20:20
  • Table 4.1 (sent to trial) shows 99,921 felonies and (only) 12,105 misdemeanors; and I think I inferred that every felony counts as 'infamous'. – ChrisW Nov 27 '14 at 21:54
  • Regarding your last quote, it could also just be that the feds don't bring any case to a GJ they are sure about. – Andy Dec 14 '14 at 20:54