Grand Juries, Presentments, Indictment, and Information Flashcards
Grand Juries
Grand Juries
What are the three types of grand juries?
Regular grand jury, special grand jury, and milti-jurisdictional grand jury
What is a regular grand jury?
Grand jury that has 5-7 people and issues indictments or presentments.
How many grand jurors have to agree to an indictment or presentment in a regular grand jury?
At least 4
What kinds of cases does a regular grand jury inquire into?
All felonies, misdemeanors, and violations of penal laws.
What does a regular grand jury decide?
It considers bills of indictment prepared by the attorney for the Commonwealth and determines whether there is sufficient PC to return an indictment.
What is an affirmative indictment called?
A true bill.
What kind of grand jury is a special grand jury?
Accusitorial.
What is a special grand jury?
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.
What happens after a special grand jury has investigated and made its reports?
The report is filed with the court and then the jury is discharged.
What kind of grand jury is a special grand jury?
Investigative.
What is a multi-jurisdictional grand jury?
Grand jury that acts across Junsdictional lines within the Commonwealth to investigate and return indictments, where appropriate.
What are the qualifications to be a juror?
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.
Is there a constitutional duty to use a grand jury?
Not for state court, but yes for federal court.
What is the cross-section requirement for a proper grand jury?
There is a constitutional right to a grand jury drawn from a group representing a cross-section of the community.
What does the judge do after a grand jury is sworn in?
Charge, i.e. instruct the grand jury on the issues to be tried.
Can the judge charge the grand jury in the presence of any person summoned or selected for a petit jury?
No. This is a violation and is reversible error.
Are grand jury proceedinfs public?
No. They are secret. They’re mostly prosecutor and witnesses testifying, not much other dialogue.
What is written at the foot of the presentment or indictment?
Names of witnesses or jurors providing the information for the presentment or indictment.
If a true bill is not returned, may the same offense may be acted on again by the same or another grand jury?
Yes.
May the Commonwealth’s Attorney go before the grand jury during its deliberation?
No, except as a witness or to advise as to discharge of its duties.
What do special grand juries have the power to do?
subpoena persons to appear before it and to produce records, papers, documents, and things.
What rights do special grand jury witnesses have?
Witnesses maintain a right against self-incrimination and have right to counsel.
When may a commonwealth’s attorney be present during a special grand jury proceeding?
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.
What is the rule regarding irregularities?
Irregularities in the regular grand Jury which do not violate a constitutional safeguard are harmless error.
What is are the requirements to object to the composition of a grand jury?
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.
Presentments, Indictments, and Informations
Presentments, Indictments, and Informations
What is a presentment?
- 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
What is an indictment?
- 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.
What is an information?
- 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.
Is an indictment necessary for felony cases?
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.
What is the exception to the indictment requirement in felony cases?
The accused waives this right, in which event he may be tried on a warrant or information.
When is the right to an indictment waived?
If not raised before trial.
What is the applicable rule regarding imprisonment before indictment?
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.
What is the exception to the rule regarding imprisonment before indictment?
- 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.
What is a preliminary hearing?
A hearing that determines whether there are grounds to believe the defendant committed the offense.
When does a defendant have a right to a preliminary hearing?
Yes, if:
- charged with felony and
- an indictment is not returned prior to the preliminary hearing.
Is the right to a preliminary hearing waived?
Yes, if not waived before trial.
A defendant also has a constitutional right to a determinaton of whether there is probable cause if…
there are significant pretrial constraints on his liberty, i.e. jail or bail.
If probable cause has not already been determined, the defendant must be given a…
preliminary hearing to determine probable cause within a reasonable time.
What is a presumptively reasonable time for a prelim. hearing to determine PC?
48 hours.
A verdict or judgement regarding an indictment will not be arrested or reversed due to an exception, unless…
the exception is so defective as to violate the Constitution.
Unhke common law, indictments can be very general, but should include:
- the name of the accused,
- a description of the offense charged and a cite for the law defining the offense, and
- identification of the place and time of the offense.
Are minor errors sufficient to quash the indictment?
No.
What is the rule if there is a defect in any indictment, presentment, or information?
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.
What if an amendment to an indictment includes an additional offense?
If amendment to indictment includes an additional offense, must go back to grand jury
