What factor determines whether evidence is admissible during grand jury proceedings?

In grand jury proceedings, the admissibility of evidence is primarily governed by the concept that all evidence is admissible regardless of legality. This is a significant departure from the rules that apply during trial, where evidence must usually comply with specific legal standards and due process requirements.

During grand jury investigations, the primary purpose is to determine whether there is enough evidence to bring charges against a suspect. This means that the grand jury can consider a wide range of evidence, including hearsay, statements obtained without proper Miranda warnings, and other potentially inadmissible evidence that would not typically be allowed in a trial. The grand jury operates with a lower threshold for evidence, and the focus is on whether there is probable cause to believe a crime has occurred, rather than perfect adherence to evidentiary rules.

Other considerations, such as the roles of attorneys or the presence of witnesses, may influence how evidence is handled in practice but do not directly determine its admissibility. Therefore, the key aspect in this context is the expansive approach taken towards evidence for the purpose of the grand jury's function.