Grand Jury Flashcards
Who makes up a grand jury?
23 members randomly selected from the public. Serve 18-24 months. 16 must show up, 12 must choose to indict.
What are the TWO purposes of the Grand Jury?
1.) Investigatory - obtain and review docs and other evidence, subpoena
2.) Accusatory – determine by probable cause whether or not there are grounds for indictment
Is there judiciary oversight for grand jury indictments?
No. No judges present in during grand jury proceedings.
What is the burden of proof to justify a grand jury to compel testimony or subpoena for evidence?
None.
Must a grand Jury permit a witness to testify?
No. they have no obligation to let any part testify.
What are the limits to grand jury?
1.) SOME constitutional protections – i.e. can plead the 5th
2.) Federal statutes which require the use of a search warrant to obtain certain kinds of evidence.
Must the prosecution present exculpatory evidence to Grand Jury pursuant to BRADY.
No.
Do individuals before the grand jury have a sixth amendment right to counsel?
No.
Does the Exclusionary rule apply for evidence presented to the grand jury?
No.
What is the evidentiary standard to justify an indictment from a grand jury?
Probable Cause.
