Grand Juries, Presentments, Indictment, and Information

Question 1

Grand Juries

Answer 1

Grand Juries

Question 2

What are the three types of grand juries?

Answer 2

Regular grand jury, special grand jury, and milti-jurisdictional grand jury

Question 3

What is a regular grand jury?

Answer 3

Grand jury that has 5-7 people and issues indictments or presentments.

Question 4

How many grand jurors have to agree to an indictment or presentment in a regular grand jury?

Answer 4

At least 4

Question 5

What kinds of cases does a regular grand jury inquire into?

Answer 5

All felonies, misdemeanors, and violations of penal laws.

Question 6

What does a regular grand jury decide?

Answer 6

It considers bills of indictment prepared by the attorney for the Commonwealth and determines whether there is sufficient PC to return an indictment.

Question 7

What is an affirmative indictment called?

Answer 7

A true bill.

Question 8

What kind of grand jury is a special grand jury?

Answer 8

Accusitorial.

Question 9

What is a special grand jury?

Answer 9

Grand jury that:

• has 7-11 people
• investigates and makes reports on:
• criminal activity in the community or
• misfeasance of governmental authority by agencies or officials.

Question 10

What happens after a special grand jury has investigated and made its reports?

Answer 10

The report is filed with the court and then the jury is discharged.

Question 11

What kind of grand jury is a special grand jury?

Answer 11

Investigative.

Question 12

What is a multi-jurisdictional grand jury?

Answer 12

Grand jury that acts across Junsdictional lines within the Commonwealth to investigate and return indictments, where appropriate.

Question 13

What are the qualifications to be a juror?

Answer 13

Must be:

• Citizen of the state
• At least 18 years old
• Resident of the state for one year
• Resident of the county or corporation in which the court is to be held for six months, and
• otherwise qualified to be a juror.

Question 14

Is there a constitutional duty to use a grand jury?

Answer 14

Not for state court, but yes for federal court.

Question 15

What is the cross-section requirement for a proper grand jury?

Answer 15

There is a constitutional right to a grand jury drawn from a group representing a cross-section of the community.

Question 16

What does the judge do after a grand jury is sworn in?

Answer 16

Charge, i.e. instruct the grand jury on the issues to be tried.

Question 17

Can the judge charge the grand jury in the presence of any person summoned or selected for a petit jury?

Answer 17

No. This is a violation and is reversible error.

Question 18

Are grand jury proceedinfs public?

Answer 18

No. They are secret. They’re mostly prosecutor and witnesses testifying, not much other dialogue.

Question 19

What is written at the foot of the presentment or indictment?

Answer 19

Names of witnesses or jurors providing the information for the presentment or indictment.

Question 20

If a true bill is not returned, may the same offense may be acted on again by the same or another grand jury?

Answer 20

Yes.

Question 21

May the Commonwealth’s Attorney go before the grand jury during its deliberation?

Answer 21

No, except as a witness or to advise as to discharge of its duties.

Question 22

What do special grand juries have the power to do?

Answer 22

subpoena persons to appear before it and to produce records, papers, documents, and things.

Question 23

What rights do special grand jury witnesses have?

Answer 23

Witnesses maintain a right against self-incrimination and have right to counsel.

Question 24

When may a commonwealth’s attorney be present during a special grand jury proceeding?

Answer 24

Investigatory stage- only when:

• his presence is requested, or
• he impanels the jury upon motion.
  
  • Impaneling allows him to interrogate witnesses and he may only do so at consent or with request.

Delibiratory stage- only when his legal advice is requested.

Question 25

What is the rule regarding irregularities?

Answer 25

Irregularities in the regular grand Jury which do not violate a constitutional safeguard are harmless error.

Question 26

What is are the requirements to object to the composition of a grand jury?

Answer 26

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, and * Systematic racial exclusion in the jury selection.

Question 27

Presentments, Indictments, and Informations

Answer 27

Presentments, Indictments, and Informations

Question 28

What is a presentment?

Answer 28

* A written accusation of crime * prepared and returned by a regular grand jury * from their own knowledge or observation * without a bill of indictment laid before them

Question 29

What is an indictment?

Answer 29

* A written accusation of crime * Prepared by the attorney for the Commonwealth * and returned "a true bill" upon the oath or affirmation of a legally impaneled regular grand jury.

Question 30

What is an information?

Answer 30

* A written accusation of crime, or * complaint for forfeiture of property or money, or * a complaint for imposition of a penalty, * prepared and presented by a competent public official upon his oath of office.

Question 31

Is an indictment necessary for felony cases?

Answer 31

Yes. The defendant may not be tried for a felony unless an indictment or presentment has been found or made by the proper grand jury.

Question 32

What is the exception to the indictment requirement in felony cases?

Answer 32

The accused waives this right, in which event he may be tried on a warrant or information.

Question 33

When is the right to an indictment waived?

Answer 33

If not raised before trial.

Question 34

What is the applicable rule regarding imprisonment before indictment?

Answer 34

D must be released from jail if a presentment, indictment, or information is not found or filed against him before the end of the second term of court where he answers for his crimes.

Question 35

What is the exception to the rule regarding imprisonment before indictment?

Answer 35

* reasons of sickness or inevitable accident, inquiry as to sanity of the accused, or * where delay is caused by material prosecution witnesses being enticed or kept away.

Question 36

What is a preliminary hearing?

Answer 36

A hearing that determines whether there are grounds to believe the defendant committed the offense.

Question 37

When does a defendant have a right to a preliminary hearing?

Answer 37

Yes, if: 1. charged with felony and 2. an indictment is not returned prior to the preliminary hearing.

Question 38

Is the right to a preliminary hearing waived?

Answer 38

Yes, if not waived before trial.

Question 39

A defendant also has a constitutional right to a determinaton of whether there is probable cause if...

Answer 39

there are significant pretrial constraints on his liberty, i.e. jail or bail.

Question 40

If probable cause has not already been determined, the defendant must be given a...

Answer 40

preliminary hearing to determine probable cause within a reasonable time.

Question 41

What is a presumptively reasonable time for a prelim. hearing to determine PC?

Answer 41

48 hours.

Question 42

A verdict or judgement regarding an indictment will not be arrested or reversed due to an exception, unless...

Answer 42

the exception is so defective as to violate the Constitution.

Question 43

Unhke common law, indictments can be very general, but should include:

Answer 43

1. the name of the accused, 2. a description of the offense charged and a cite for the law defining the offense, and 3. identification of the place and time of the offense.

Question 44

Are minor errors sufficient to quash the indictment?

Answer 44

No.

Question 45

What is the rule if there is a defect in any indictment, presentment, or information?

Answer 45

Court can permit amendment of the document at any time before FINAL verdict/judgement, if the amendment does not change the nature or character of the offense charged.

Question 46

What if an amendment to an indictment includes an additional offense?

Answer 46

If amendment to indictment includes an additional offense, must go back to grand jury