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 Products for a Better Night's Sleep

Amazon/Comfort Spaces
Amazon/Comfort Spaces

Getting a full eight hours of sleep can be tough these days. If you’re having trouble catching enough Zzzs, consider giving these highly rated and recommended products a try.

1. Everlasting Comfort Pure Memory Foam Knee Pillow; $25

Everlasting Comfort Knee Pillow
Everlasting Comfort/Amazon

For side sleepers, keeping the spine, hips, and legs aligned is key to a good night’s rest—and a pain-free morning after. Everlasting Comfort’s memory foam knee pillow is ergonomically designed to fit between the knees or thighs to ensure proper alignment. One simple but game-changing feature is the removable strap, which you can fasten around one leg; this keeps the pillow in place even as you roll at night, meaning you don’t have to wake up to adjust it (or pick it up from your floor). Reviewers call the pillow “life-changing” and “the best knee pillow I’ve found.” Plus, it comes with two pairs of ear plugs.

Buy it: Amazon

2. Letsfit White Noise Machine; $21

Letsfit White Noise Machine
Letsfit/Amazon

White noise machines: They’re not just for babies! This Letsfit model—which is rated 4.7 out of five with nearly 3500 reviews—has 14 potential sleep soundtracks, including three white noise tracks, to better block out everything from sirens to birds that chirp enthusiastically at dawn (although there’s also a birds track, if that’s your thing). It also has a timer function and a night light.

Buy it: Amazon

3. ECLIPSE Blackout Curtains; $16

Eclipse Black Out Curtains
Eclipse/Amazon

According to the National Sleep Foundation, too much light in a room when you’re trying to snooze is a recipe for sleep disaster. These understated polyester curtains from ECLIPSE block 99 percent of light and reduce noise—plus, they’ll help you save on energy costs. "Our neighbor leaves their backyard light on all night with what I can only guess is the same kind of bulb they use on a train headlight. It shines across their yard, through ours, straight at our bedroom window," one Amazon reviewer who purchased the curtains in black wrote. "These drapes block the light completely."

Buy it: Amazon

4. JALL Wake Up Light Sunrise Alarm Clock; $38

JALL Wake Up Light Sunrise Alarm Clock
JALL/Amazon

Being jarred awake by a blaring alarm clock can set the wrong mood for the rest of your day. Wake up in a more pleasant way with this clock, which gradually lights up between 10 percent and 100 percent in the 30 minutes before your alarm. You can choose between seven different colors and several natural sounds as well as a regular alarm beep, but why would you ever use that? “Since getting this clock my sleep has been much better,” one reviewer reported. “I wake up not feeling tired but refreshed.”

Buy it: Amazon

5. Philips SmartSleep Wake-Up Light; $200

Philips SmartSleep Wake-Up Light
Philips/Amazon

If you’re looking for an alarm clock with even more features, Philips’s SmartSleep Wake-Up Light is smartphone-enabled and equipped with an AmbiTrack sensor, which tracks things like bedroom temperature, humidity, and light levels, then gives recommendations for how you can get a better night’s rest.

Buy it: Amazon

6. Slumber Cloud Stratus Sheet Set; $159

Stratus sheets from Slumber Cloud.
Slumber Cloud

Being too hot or too cold can kill a good night’s sleep. The Good Housekeeping Institute rated these sheets—which are made with Outlast fibers engineered by NASA—as 2020’s best temperature-regulating sheets.

Buy it: SlumberCloud

7. Comfort Space Coolmax Sheet Set; $29-$40

Comfort Spaces Coolmax Sheets
Comfort Spaces/Amazon

If $159 sheets are out of your price range, the GHI recommends these sheets from Comfort Spaces, which are made with moisture-wicking Coolmax microfiber. Depending on the size you need, they range in price from $29 to $40.

Buy it: Amazon

8. Coop Home Goods Eden Memory Foam Pillow; $80

Coop Eden Pillow
Coop Home Goods/Amazon

This pillow—which has a 4.5-star rating on Amazon—is filled with memory foam scraps and microfiber, and comes with an extra half-pound of fill so you can add, or subtract, the amount in the pillow for ultimate comfort. As a bonus, the pillows are hypoallergenic, mite-resistant, and washable.

Buy it: Amazon

9. Baloo Weighted Blanket; $149-$169

Baloo Weighted Blanket
Baloo/Amazon

Though the science is still out on weighted blankets, some people swear by them. Wirecutter named this Baloo blanket the best, not in small part because, unlike many weighted blankets, it’s machine-washable and -dryable. It’s currently available in 12-pound ($149) twin size and 20-pound ($169) queen size. It’s rated 4.7 out of five stars on Amazon, with one reviewer reporting that “when it's spread out over you it just feels like a comfy, snuggly hug for your whole body … I've found it super relaxing for falling asleep the last few nights, and it looks nice on the end of the bed, too.” 

Buy it: Amazon 

10. Philips Smartsleep Snoring Relief Band; $200

Philips SmartSleep Snoring Relief Band
Philips/Amazon

Few things can disturb your slumber—and that of the ones you love—like loudly sawing logs. Philips’s Smartsleep Snoring Relief Band is designed for people who snore when they’re sleeping on their backs, and according to the company, 86 percent of people who used the band reported reduced snoring after a month. The device wraps around the torso and is equipped with a sensor that delivers vibrations if it detects you moving to sleep on your back; those vibrations stop when you roll onto your side. The next day, you can see how many hours you spent in bed, how many of those hours you spent on your back, and your response rate to the vibrations. The sensor has an algorithm that notes your response rate and tweaks the intensity of vibrations based on that. “This device works exactly as advertised,” one Amazon reviewer wrote. “I’d say it’s perfect.”

Buy it: Amazon

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What Should You Do In the Unlikely Event You Meet An Alien?

If you ever find yourself in a Mac and Me-type situation, it's best to know what to do.
If you ever find yourself in a Mac and Me-type situation, it's best to know what to do.
Shout! Factory

What do you do if you encounter an alien? It’s obviously fairly unlikely, but nothing is impossible—after all, you can’t spell meet without ET. If there’s a stray dog in your backyard, there’s a set procedure to follow. But what if, rather than a mere hound, it’s a creature from another world?

“If you meet an alien in your backyard, my recommendation is to get out of town,” Seth Shostak, senior astronomer at the SETI Institute, an organization seeking to explore, understand, and explain the origin and nature of life in the universe, tells Mental Floss. “If they have the technology to come here, they’re so far beyond us that whatever they want to do, they're going to do. If they’re here to take over the planet, it’s going to be pretty hard to stop them.”

A creature from another planet lurking on your property means not only that there is intelligent life elsewhere, but that it is at a significantly more technologically advanced stage than humanity. A species with the ability to not only travel the enormous distances involved (the closest star to our sun, which does have some potentially life-supporting planets, is 4.2 light years away), but also land undetected in your flowerbed would simply have us outclassed.

As you flee, however, you might want to contact the emergency services. If, for instance, the alien is aflame—and given that we know nothing about what form such a creature might take, there’s no real reason it wouldn’t be—you might want to give the fire department a call, for example. Moving up a notch, the FBI and Department of Defense are frequently contacted with flying saucer sightings, as are the UK’s Royal Air Force and Ministry of Defence and, well, pretty much every other emergency service in every country. This is because there is no set protocol, no universally agreed-upon decree of exactly what to do in the event of a close encounter.

“As far as I know, there is no policy for that, because that would be like Neanderthals having a policy for if the U.S. military decided to take them on,” Shostak says. “If aliens were actually landing here, we could have whatever policy we wanted and it wouldn’t be likely to help much.”

A scene from E.T.
Universal Pictures Home Entertainment

Whatever Hollywood might tell us, the likelihood is that any contact we have with beings from another world will be limited to picking up a signal from deep space, rather than encountering the long fingers and warm heart of a charming 3-foot-tall alien rustling around in shrubbery. As luck would have it, there is a protocol for that; it's known as the Declaration of Principles Concerning Activities Following the Detection of Extraterrestrial Intelligence [PDF] and was put together by the International Academy of Astronautics with input from Shostak.

The protocols are also entirely voluntary, with no force of law behind them and nobody under any obligation to adhere to them. What if you don’t want to tell everybody? What if you fancy keeping information about life beyond Earth to yourself for a while? You’re the one talking to aliens, after all—surely you can make a few bucks out of the situation ...

As Shostak points out, this kind of thinking is unlikely to get you anywhere. Given the distances involved, and the power required to transmit information that far, you aren’t going to be in any kind of dialogue. Secondly, revealing that you have detected a transmission is useless without it being verified and studied—the process of which, by necessity, involves making that information available to the world. Thirdly, interpreting any alien message will be a mammoth task involving a lot of work from a lot of people, a task unlikely to ever reach a definitive conclusion. “It would depend on whether they were trying to make it easy,” Shostak says.

Anything you discovered would belong to humanity as a whole, as we collectively tried to figure out what the signal meant, both literally and existentially, knowing we are not alone in the universe. You’d get to be the first person to prove there was intelligent life beyond Earth, which might be mildly less exciting in the short term than getting attacked by a little green man while taking the trash out, but at least you’d live to tell the tale.