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What is a Grand Jury?

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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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Why Do Cats 'Blep'?
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As pet owners are well aware, cats are inscrutable creatures. They hiss at bare walls. They invite petting and then answer with scratching ingratitude. Their eyes are wandering globes of murky motivations.

Sometimes, you may catch your cat staring off into the abyss with his or her tongue lolling out of their mouth. This cartoonish expression, which is atypical of a cat’s normally regal air, has been identified as a “blep” by internet cat photo connoisseurs. An example:

Cunning as they are, cats probably don’t have the self-awareness to realize how charming this is. So why do cats really blep?

In a piece for Inverse, cat consultant Amy Shojai expressed the belief that a blep could be associated with the Flehmen response, which describes the act of a cat “smelling” their environment with their tongue. As a cat pants with his or her mouth open, pheromones are collected and passed along to the vomeronasal organ on the roof of their mouth. This typically happens when cats want to learn more about other cats or intriguing scents, like your dirty socks.

While the Flehmen response might precede a blep, it is not precisely a blep. That involves the cat’s mouth being closed while the tongue hangs out listlessly.

Ingrid Johnson, a certified cat behavior consultant through the International Association of Animal Behavior Consultants and the owner of Fundamentally Feline, tells Mental Floss that cat bleps may have several other plausible explanations. “It’s likely they don’t feel it or even realize they’re doing it,” she says. “One reason for that might be that they’re on medication that causes relaxation. Something for anxiety or stress or a muscle relaxer would do it.”

A photo of a cat sticking its tongue out
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If the cat isn’t sedated and unfurling their tongue because they’re high, then it’s possible that an anatomic cause is behind a blep: Johnson says she’s seen several cats display their tongues after having teeth extracted for health reasons. “Canine teeth help keep the tongue in place, so this would be a more common behavior for cats missing teeth, particularly on the bottom.”

A blep might even be breed-specific. Persians, which have been bred to have flat faces, might dangle their tongues because they lack the real estate to store it. “I see it a lot with Persians because there’s just no room to tuck it back in,” Johnson says. A cat may also simply have a Gene Simmons-sized tongue that gets caught on their incisors during a grooming session, leading to repeated bleps.

Whatever the origin, bleps are generally no cause for concern unless they’re doing it on a regular basis. That could be sign of an oral problem with their gums or teeth, prompting an evaluation by a veterinarian. Otherwise, a blep can either be admired—or retracted with a gentle prod of the tongue (provided your cat puts up with that kind of nonsense). “They might put up with touching their tongue, or they may bite or swipe at you,” Johnson says. “It depends on the temperament of the cat.” Considering the possible wrath involved, it may be best to let them blep in peace.

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What Is Foreign Accent Syndrome?
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One night in 2016, Michelle Myers—an Arizona mom with a history of migraines—went to sleep with a splitting headache. When she awoke, her speech was marked with what sounded like an British accent, despite having never left the U.S. Myers is one of about 100 people worldwide who have been diagnosed with Foreign Accent Syndrome (FAS), a condition in which people spontaneously speak with a non-native accent.

In most cases, FAS occurs following a head injury or stroke that damages parts of the brain associated with speech. A number of recent incidences of FAS have been well documented: A Tasmanian woman named Leanne Rowe began speaking with a French-sounding accent after recovering from a serious car accident, while Kath Lockett, a British woman, underwent treatment for a brain tumor and ended up speaking with an accent that sounds somewhere between French and Italian.

The first case of the then-unnamed syndrome was reported in 1907 when a Paris-born-and-raised man who suffered a brain hemorrhage woke up speaking with an Alsatian accent. During World War II, neurologist Georg Herman Monrad-Krohn compiled the first comprehensive case study of the syndrome in a Norwegian woman named Astrid L., who had been hit on the head with shrapnel and subsequently spoke with a pronounced German-sounding accent. Monrad-Krohn called her speech disorder dysprosody: her choice of words and sentence construction, and even her singing ability, were all normal, but her intonation, pronunciation, and stress on syllables (known as prosody) had changed.

In a 1982 paper, neurolinguist Harry Whitaker coined the term "foreign accent syndrome" for acquired accent deviation after a brain injury. Based on Monrad-Kohn's and other case studies, Whitaker suggested four criteria for diagnosing FAS [PDF]:

"The accent is considered by the patient, by acquaintances, and by the investigator to sound foreign.
It is unlike the patient’s native dialect before the cerebral insult.
It is clearly related to central nervous system damage (as opposed to a hysteric reaction, if such exist).
There is no evidence in the patient’s background of being a speaker of a foreign language (i.e., this is not like cases of polyglot aphasia)."

Not every person with FAS meets all four criteria. In the last decade, researchers have also found patients with psychogenic FAS, which likely stems from psychological conditions such as schizophrenia rather than a physical brain injury. This form comprises fewer than 10 percent of known FAS cases and is usually temporary, whereas neurogenic FAS is typically permanent.

WHAT’S REALLY HAPPENING?

While scientists are not sure why certain brain injuries or psychiatric problems give rise to FAS, they believe that people with FAS are not actually speaking in a foreign accent. Instead, their neurological damage impairs their ability to make subtle muscle movements in the jaw, tongue, lips, and larynx, which results in pronunciation that mimics the sound of a recognizable accent.

"Vowels are particularly susceptible: Which vowel you say depends on where your tongue is in your mouth," Lyndsey Nickels, a professor of cognitive science at Australia's Macquarie University, wrote in The Conversation. "There may be too much or too little muscle tension and therefore they may 'undershoot' or 'overshoot' their target. This leads to the vowels sounding different, and sometimes they may sound like a different accent."

In Foreign Accent Syndromes: The Stories People Have to Tell, authors Nick Miller and Jack Ryalls suggest that FAS could be one stage in a multi-phase recovery from a more severe speech disorder, such as aphasia—an inability to speak or understand speech that results from brain damage.

People with FAS also show wide variability in their ability to pronounce sounds, choose words, or stress the right syllables. The accent can be strong or mild. Different listeners may hear different accents from the speaker with FAS (Lockett has said people have asked her if she's Polish, Russian, or French).

According to Miller and Ryalls, few studies have been published about speech therapy for treating FAS, and there's no real evidence that speech therapy makes a difference for people with the syndrome. More research is needed to determine if advanced techniques like electromagnetic articulography—visual feedback showing tiny movements of the tongue—could help those with FAS regain their original speaking manner.

Today, one of the pressing questions for neurologists is understanding how the brain recovers after injury. For that purpose, Miller and Ryalls write that "FAS offers a fascinating and potentially fruitful forum for gaining greater insights into understanding the human brain and the speech processes that define our species."

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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