Grand Jury Proceedings Flashcards
After the examining trial, you learn that a grand jury will be impaneled in 5 days and that it has been hand-picked by Deputy’s father, who is a jury commissioner, to include only Deputy’s close family members. When and on what grounds should you challenge the composition of the grand jury? Explain fully
The Grand Jury should be challenged before it has been impaneled. Any person can challenge the composition of the grand jury. Here, I can challenge the composition on he grounds that the Grand Jury Commissioner is biased and acted corruptly by failing to act impartially.
Does Amy [Defendant] have the right to testify to the grand jury, and does she have the right to have counsel present at the grand jury proceedings? Explain you answer.
No. Amy and her attorney have no right to participate in the grand jury proceedings. However, the grand jury can subpoena Amy or invite her to present. Amy has no right to counsel present at the proceedings, her attorney may be required to wait outside the grand jury room.
A grand jury is convened, and Ashley is summoned as a witness to testify about the injuries to the three children. Ashley appears, but refuses to answer the grand jury’s questions. Can a Court compel Ashley to answer the grand jury’s questions? If so, by what means?
Yes, the Court can compel Ashely to testify against Wilma before the grand jury. Ashley cannot refuse to testify to protect her friend. The court ma order the witness to testify and if she refuses to do so, may hold her in contempt of court and impose a fine of up to $500 or commit her to jail until she is willing to testify.
Can the prosecutor be in the room while the grand jury deliberates?
No. No one but the grand jurors can be in the room while the members deliberate.
Can the prosecutor provide grand jury members with legal advice?
Yes, the grand jurors may ask the prosecutor for legal advice.
Can the prosecutor question witnesses in front of the grand jury?
Yes, only the prosecutor and grand jurors themselves may question witnesses testifying to the grand jury.
