Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

VA Criminal Procedure > Grand Juries, Presentments, Indictment, and Information > Flashcards

Grand Juries, Presentments, Indictment, and Information Flashcards

1
Q

Grand Juries

A

Grand Juries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the three types of grand juries?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a regular grand jury?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

At least 4

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

A

All felonies, misdemeanors, and violations of penal laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does a regular grand jury decide?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is an affirmative indictment called?

A

A true bill.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What kind of grand jury is a special grand jury?

A

Accusitorial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a special grand jury?

A

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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What kind of grand jury is a special grand jury?

A

Investigative.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a multi-jurisdictional grand jury?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the qualifications to be a juror?

A

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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Is there a constitutional duty to use a grand jury?

A

Not for state court, but yes for federal court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

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

A

No. This is a violation and is reversible error.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Are grand jury proceedinfs public?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

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

A

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

20
Q

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

A

Yes.

21
Q

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

A

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

22
Q

What do special grand juries have the power to do?

A

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

23
Q

What rights do special grand jury witnesses have?

A

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

24
Q

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

A

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.

25
Q

What is the rule regarding irregularities?

A

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

26
Q

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

A

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.
27
Q

Presentments, Indictments, and Informations

A

Presentments, Indictments, and Informations

28
Q

What is a presentment?

A
  • 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
29
Q

What is an indictment?

A
  • 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.
30
Q

What is an information?

A
  • 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.
31
Q

Is an indictment necessary for felony cases?

A

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.

32
Q

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

A

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

33
Q

When is the right to an indictment waived?

A

If not raised before trial.

34
Q

What is the applicable rule regarding imprisonment before indictment?

A

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.

35
Q

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

A
  • 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.
36
Q

What is a preliminary hearing?

A

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

37
Q

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

A

Yes, if:

  1. charged with felony and
  2. an indictment is not returned prior to the preliminary hearing.
38
Q

Is the right to a preliminary hearing waived?

A

Yes, if not waived before trial.

39
Q

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

A

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

40
Q

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

A

preliminary hearing to determine probable cause within a reasonable time.

41
Q

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

A

48 hours.

42
Q

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

A

the exception is so defective as to violate the Constitution.

43
Q

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

A
  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.
44
Q

Are minor errors sufficient to quash the indictment?

A

No.

45
Q

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

A

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.

46
Q

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

A

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

VA Criminal Procedure (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions