Grand Juries Flashcards
The three types of grand juries are:
- Regular grand jury;
- Special grant jury; and
- Multi-jurisdictional grant jury.
The purpose of a regular grand jury is…
to determine whether there is sufficient probable cause to return an indictment (“true bill.” These are accusatorial grand juries.
A regular grand jury consists of…
not less than 5 or more than 7 persons.
The purpose of a special grand jury is…
to investigate and make reports on criminal activity in the community or misfeasance of governmental authority by agencies or officials. It is an investigative grand jury.
A special grand jury consists of…
not less than 7 or more than 11 persons.
The purpose of a multi-jurisdictional grand jury is to…
act across jurisdictional lines within the Commonwealth to investigate and return indictments, where appropriate.
The qualifications for a grand juror in Virginia are:
- Citizen of the state;
- At least 18;
- Residents of the state for 1 year;
- Residents of the county or corporation in which the court is to be held for 6 months.
After a grand jury is sworn in, it is charged by the judge. This must not be done in the presence of any person summoned or selected for petit jury. Violation of this is a…
reversible error.
How many members of a grand jury must concur in finding or making an indictment?
4.
Can the same offense be acted on again after a grand jury proceeding?
Yes, by the same or another grand jury.
Can prosecutors go before a grand jury during its deliberation?
No, except as a witness or to advise as to discharge or its duties.
Irregularities in a grand jury that do not violate a constitutional safeguard will be construed as…
harmless errors.
Objections to composition of the grand jury must be made before pleading to the merits at trial and include:
- Indictment of a juror for a felony; or
- Systematic racial exclusion in the jury selection.
