Legal Definitions - runaway grand jury

A "runaway grand jury" refers to a grand jury that exceeds its legal authority or acts independently of the court or prosecutor's guidance in an unauthorized manner. While grand juries have significant investigative powers, they are generally expected to operate within the scope of the matters presented to them by the prosecutor and under the general supervision of the court. A grand jury becomes "runaway" when it embarks on investigations beyond its mandate, issues reports or statements not permitted by law, or pursues its own agenda without proper legal basis or judicial oversight.

To understand this, it's helpful to first know what a grand jury is:

• A grand jury is a group of citizens summoned to hear evidence presented by a prosecutor to determine whether there is probable cause to believe that a crime has been committed and that a particular person or persons committed it.
• If they find probable cause, they issue an indictment (a formal accusation) which allows the case to proceed to trial.
• Grand juries operate in secrecy and do not determine guilt or innocence; their role is solely to decide if there's enough evidence to bring charges.

Here are some examples illustrating a "runaway grand jury":

• Example 1: Exceeding Investigative Scope

  A grand jury is impaneled to investigate allegations of bid-rigging in municipal construction contracts. After hearing extensive evidence on this specific issue, some jurors become convinced that a city council member is also involved in an unrelated real estate fraud scheme, based on a rumor one juror heard. Without any new evidence presented by the prosecutor or court authorization, they begin demanding documents and witness testimony related solely to this new, unrelated real estate matter.

  This grand jury is "runaway" because it has gone beyond its original mandate (bid-rigging) to pursue an independent investigation into an entirely separate alleged crime (real estate fraud) without the proper legal process, prosecutorial guidance, or judicial approval. It is acting outside the scope of its authorized inquiry.

• Example 2: Issuing Unauthorized Reports or Statements

  A grand jury is tasked with investigating a series of burglaries in a specific neighborhood. After concluding its investigation and issuing indictments for the burglaries, the grand jury decides to issue a public report criticizing the city's overall policing strategy, recommending specific budget cuts for the police department, and offering opinions on unrelated social policies.

  This grand jury is "runaway" because it has exceeded its authority by issuing a public report that goes beyond its investigative findings related to the burglaries. Grand juries are generally not empowered to make policy recommendations or issue broad criticisms of government agencies unrelated to their specific criminal investigations, especially after their primary task is complete.

• Example 3: Pursuing an Independent Agenda Without Oversight

  A grand jury is reviewing evidence concerning potential environmental violations by a local factory. During the proceedings, one juror expresses personal concern about the factory's labor practices, which are not part of the prosecutor's presentation or the grand jury's mandate. The grand jury then, on its own initiative and against the prosecutor's advice, subpoenas the factory's HR records and interviews employees about their working conditions, effectively launching a labor investigation without any legal basis or court order.

  This grand jury is "runaway" because it has independently pursued an investigation into a matter (labor practices) that was not presented to it by the prosecutor and falls outside its authorized scope. It is acting on its own agenda, disregarding proper legal channels and the guidance of the prosecutor, thereby operating without appropriate oversight.