What is a Grand Jury?

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iStock

Grand juries make the news in almost every major federal case. There’s a good reason for that: the Fifth Amendment to the United States Constitution, which says, in part, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.”

But what is a grand jury? And why are they there? 

WHAT IS A GRAND JURY?

A grand jury is considered the "sword and the shield" of the judicial system. A shield because presenting a case to the grand jury before proceeding to trial prevents prosecutors from trying overzealous, politically motivated, or weak cases.

The sword is in reference to the grand jury’s broad investigative powers. They have the power to issue subpoenas, compelling witnesses to testify under oath (barring application of the more famous part of the Fifth Amendment) and making people produce necessary documents. That’s why going before a grand jury doesn’t necessarily mean a crime has occurred or that an indictment is coming; it may just be needed to help the investigative process along.

Their proceedings are also secret. No judges are present and usually the only lawyer in the room is the prosecutor. It’s intended to make witnesses willing to testify and, from the defendant’s side, it means that they’re not damaged by allegations that aren’t strong enough to make it past the grand jury.

SO WHAT IS THE ORIGIN OF THIS BIZARRE JURY?

Historians debate whether the Assize of Clarendon was a revolutionary document or merely a codification of a preexisting tradition [PDF]. Either way, in 1166 English King Henry II enacted the Assize of Clarendon, which required a group of “lawful men” to gather periodically to inform the King’s justices of the names of people who the community suspected had recently committed a robbery/theft or murder in the area (this would later be expanded to other crimes). According to the assize, “he who shall be found through the oath of the aforesaid persons to have been charged or published [as a criminal] ... shall be taken and shall go to the ordeal of water.”

While often described as essentially an early neighborhood watch program, historians credit this assize with splitting the process of indictment and trial [PDF], a critical step to the modern grand jury. 

In 1215 (the same year as Magna Carta) the Fourth Lateran Council of Pope Innocent III banned priests from giving blessings in trials by ordeal, forcing the entire legal system of England to evolve.

With the disappearance of trials by ordeal, the modern idea of trial by jury began appearing. It soon became obvious that having the same people accuse someone and then convict them was at best awkward, so the two responsibilities began splitting into two independent juries: the accusing jury and the trial jury [PDF]. In 1368, Edward III formalized the grand jury system and thus the grand jury became the "sword."

The most important moment for the "shield" came in the 1680s, during the trials of the Earl of Shaftesbury and Stephen Colledge. Shaftesbury and his ally Colledge had been attempting to remove the Catholic James (future King James II) from the line of succession to the throne by having King Charles II legitimize one of his illegitimate Protestant sons. King Charles II reacted by dissolving Parliament, and soon arrested Shaftesbury and Colledge, then charged them with treason.

The London grand jury, though, populated by people who agreed with Shaftesbury, held firm and refused to indict either of them. The foreman of the Colledge grand jury was even sent to the Tower of London (although some have argued it was for an unrelated charge). This case was a watershed moment because it showed the grand jury was able to stand up to the king and deny even a trial. The grand jury was becoming a powerful tool against the government. Sadly though, King Charles II moved the Colledge trial to Oxford, found a more sympathetic grand jury, and executed Colledge while the Earl of Shaftesbury fled the country.

The grand jury would continue to be a part of English law until it was eliminated for most cases in 1933, and abolished completely in 1948. But grand juries would continue in one of England’s former colonies ...

THE GRAND JURY IN COLONIAL AMERICA

The American equivalent of the Shaftesbury/Colledge case was the case of Peter Zenger in the 1730s. Zenger was the printer of The New York Weekly Journal, which was publishing articles against New York’s Governor, William Cosby. Cosby decided to arrest Zenger for printing seditious libel, but two separate grand juries refused to issue an indictment. Cosby then used a different legal process to go around the grand jury, but eventually the trial jury also refused to convict Zenger of seditious libel.

Both the attempts at prosecuting someone solely for printing a paper and the attempts at getting around the decision of the grand jury enraged colonists, and although it didn’t create an important precedent, the case helped solidify the view Colonists had toward an independent press and an independent grand jury.

The grand jury soon became a bludgeon wielded by the colonists against unpopular British acts. Grand juries “all but nullified the law of seditious libel in the colonies” and a Boston grand jury even refused to indict the colonists behind the Stamp Act riots. Other unpopular laws became effectively unenforceable [PDF]. Grand juries were coming to be viewed as a critical part of the judicial system; a way to protect against a tyrannical government. So when it came time to write the Bill of Rights, they were a natural inclusion.

THE GRAND JURY IN AMERICA

In the United States, grand juries would exhibit such independence that the term “runaway grand jury” appeared to describe grand juries that didn’t follow the prosecutor’s orders. Perhaps the most extreme application of the investigative powers occurred in Minnesota. In 1902, Minneapolis mayor Albert Alonzo Ames was widely considered corrupt, but no one was willing to go after him or his ‘gang’ until Hovey Clarke was appointed the foreman of a grand jury. According to a 1903 McClure’s Magazine, “[Clarke] did not want to be a grand juryman, he did not want to be a foreman; but since he was both, he wanted to accomplish something.”

And what he did was bring down the mayor. He won over his grand jury, then when the prosecutor was unwilling to bring down Ames, he excused the prosecutor. Next he used the power of the grand jury to hire local detectives. According to McClures, the first batch of detectives were talkative and discussed the case with police. While police were watching those detectives, Clarke hired a second set of detectives to actually investigate. He even personally went to the jail to talk to criminals trying to get someone to flip. This case became national news and demonstrated the power of the grand jury (although after fleeing, getting captured, being convicted, and having that conviction overturned, Ames would go free).

Today, most states still have a grand jury, but their application varies widely. Since they’re enshrined in the Fifth Amendment, it's their role as the sword and the shield in federal cases that gets the most attention.

In recent years, there has been criticism that the ‘sword’ power of the grand jury has been overused while the ‘shield’ power has been diminished, turning the grand jury of today into essentially a rubber stamp for prosecutors.

Hawaii has attempted to remedy this with the creation of the Grand Jury Legal Advisor (GJLA) or Grand Jury Counsel. In traditional grand juries, the only lawyer in the room is the prosecution, which could lead to a conflict between the prosecutor providing legal advice and hoping for an indictment. The purpose of the GJLA is to restore some of the ‘shield’ function by giving the grand jury an independent advisor who can inform them of their rights and powers. According to Thaddeus Hoffmeister of the University of Dayton, “the GJLA strengthens the traditional role of the grand jury as a shield against unwarranted government accusations while still permitting grand jurors, prosecutors, and witnesses to perform their long-established functions.” [PDF]

It’s just another step in the evolution of the modern grand jury.

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10 Rad Gifts for Hikers

Greg Rosenke/Unsplash
Greg Rosenke/Unsplash

The popularity of bird-watching, camping, and hiking has skyrocketed this year. Whether your gift recipients are weekend warriors or seasoned dirtbags, they'll appreciate these tools and gear for getting most out of their hiking experience.

1. Stanley Nesting Two-Cup Cookset; $14

Amazon

Stanley’s compact and lightweight cookset includes a 20-ounce stainless steel pot with a locking handle, a vented lid, and two insulated 10-ounce tumblers. It’s the perfect size for brewing hot coffee, rehydrating soup, or boiling water while out on the trail with a buddy. And as some hardcore backpackers note in their Amazon reviews, your favorite hiker can take the tumblers out and stuff the pot with a camp stove, matches, and other necessities to make good use of space in their pack.

Buy it: Amazon

2. Osprey Sirrus and Stratos 24-Liter Hiking Packs; $140

Amazon

Osprey’s packs are designed with trail-tested details to maximize comfort and ease of use. The Sirrus pack (pictured) is sized for women, while the Stratos fits men’s proportions. Both include an internal sleeve for a hydration reservoir, exterior mesh and hipbelt pockets, an attachment for carrying trekking poles, and a built-in rain cover.

Buy them: Amazon, Amazon

3. Yeti Rambler 18-Ounce Bottle; $48

Amazon

Nothing beats ice-cold water after a summer hike or a sip of hot tea during a winter walk. The Yeti Rambler can serve up both: Beverages can stay hot or cold for hours thanks to its insulated construction, and its steel body (in a variety of colors) is basically indestructible. It will add weight to your hiker's pack, though—for a lighter-weight, non-insulated option, the tried-and-true Camelbak Chute water bottle is incredibly sturdy and leakproof.

Buy it: Amazon

4. Mappinners Greatest 100 Hikes of the National Parks Scratch-Off Poster; $30

Amazon

The perfect gift for park baggers in your life (or yourself), this 16-inch-by-20-inch poster features epic hikes like Angel’s Landing in Zion National Park and Half Dome in Yosemite National Park. Once the hike is complete, you can scratch off the gold foil to reveal an illustration of the park.

Buy it: Amazon

5. National Geographic Adventure Edition Road Atlas; $19

Amazon

Hikers can use this brand-new, updated road atlas to plan their next adventure. In addition to comprehensive maps of all 50 states, Puerto Rico, Canada, and Mexico, they'll get National Geographic’s top 100 outdoor destinations, useful details about the most popular national parks, and points on the maps noting off-the-beaten-path places to explore.  

Buy it: Amazon

6. Adventure Medical Kits Hiker First-Aid Kit; $25

Amazon

This handy 67-piece kit is stuffed with all the things you hope your hiker will never need in the wilderness. Not only does it contain supplies for pain, cuts and scrapes, burns, and blisters (every hiker’s nemesis!), the items are organized clearly in the bag to make it easy to find tweezers or an alcohol wipe in an emergency.

Buy it: Amazon

7. Hiker Hunger Ultralight Trekking Poles; $70

Amazon

Trekking poles will help increase your hiker's balance and stability and reduce strain on their lower body by distributing it to their arms and shoulders. This pair is made of carbon fiber, a super-strong and lightweight material. From the sweat-absorbing cork handles to the selection of pole tips for different terrain, these poles answer every need on the trail. 

Buy it: Amazon

8. Leatherman Signal Camping Multitool; $120

Amazon

What can’t this multitool do? This gadget contains 19 hiking-friendly tools in a 4.5-inch package, including pliers, screwdrivers, bottle opener, saw, knife, hammer, wire cutter, and even an emergency whistle.

Buy it: Amazon

9. RAVPower Power Bank; $24

Amazon

Don’t let your hiker get caught off the grid with a dead phone. They can charge RAVPower’s compact power bank before they head out on the trail, and then use it to quickly juice up a phone or tablet when the batteries get low. Its 3-inch-by-5-inch profile won’t take up much room in a pack or purse.

Buy it: Amazon

10. Pack of Four Indestructible Field Books; $14

Amazon

Neither rain, nor snow, nor hail will be a match for these waterproof, tearproof 3.5-inch-by-5.5-inch notebooks. Your hiker can stick one in their pocket along with a regular pen or pencil to record details of their hike or brainstorm their next viral Tweet.

Buy it: Amazon

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What Really Happens When Food Goes Down the 'Wrong Pipe'?

The dreaded 'wrong pipe' calamity can strike at any time.
The dreaded 'wrong pipe' calamity can strike at any time.
Photo by Adrienn from Pexels

Your average person isn’t expected to be well-versed in the linguistics of human anatomy, which is how we wind up with guns for biceps and noggins for heads. So when swallowing something is followed by throat irritation or coughing, the fleeting bit of discomfort is often described as food “going down the wrong pipe.” But what’s actually happening?

When food is consumed, HuffPost reports, more than 30 muscles activate to facilitate chewing and swallowing. When the food is ready to leave your tongue and head down to your stomach, it’s poised near the ends of two "pipes," the esophagus and the trachea. You want the food to take the esophageal route, which leads to the stomach. Your body knows this, which is why the voice box and epiglottis shift to close off the trachea, the “wrong pipe” of ingestion.

Since we don’t typically hold our breath when we eat, food can occasionally take a wrong turn into the trachea, an unpleasant scenario known as aspiration, which triggers an adrenaline response and provokes coughing and discomfort. Dislodging the food usually eases the sensation, but if it’s enough to become stuck, you have an obstructed airway and can now be officially said to be choking.

The “wrong pipe” can also be a result of eating while tired or otherwise distracted or the result of a mechanical problem owing to illness or injury.

You might also notice that this happens more often with liquids. A sip of water may provoke a coughing attack. That’s because liquids move much more quickly, giving the body less time to react.

In extreme cases, food or liquids headed in the “wrong” direction can wind up in the lungs and cause pneumonia. Fortunately, that’s uncommon, and coughing tends to get the food moving back into the esophagus.

The best way to minimize the chances of getting food stuck is to avoid talking with your mouth full—yes, your parents were right—and thoroughly chew sensible portions.

If you experience repeated bouts of aspiration, it’s possible an underlying swallowing disorder or neurological problem is to blame. An X-ray or other tests can help diagnose the issue.

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