Pre-Trial Issues: Grand Jury Flashcards
Grand Jury is Mandatory:
In all felony cases, unless waived
Grand Jury Defined
inquires into all offenses liable to indictment about which any member may have knowledge or of which they are informed by prosecutor or other credible person
Indictment Defined
Written statement of grand jury accusing a person of an offense, either by act or omission
Information Defined
written statement filed in behalf of state by the prosecution charging an offense
Primary Function of Grand Jury
Find if probable cause exists to formally charge a person with an offense
Grand Jury Proceedings: (2)
(1) prosecutor presents evidence
(2) suspect has no right to appear before, or to present evidence, or cross examine witnesses
Number of jurors on grand jury
12, but 9 votes are necessary to indict
Person allowed to be present during grand jury: (6)
(1) prosecutor and staff
(2) witnesses being examined
(3) Grand jurors
(4) Court reporter
(5) Interpreter, if necessary, and
(6) others if allowed
Defendant may waive the right to be indicted for a felony offense if: (4)
(1) represented by counsel
(2) waiver is in open court or by written instrument
(3) is voluntary
(4) State is not seeking the death penalty
Rules that do not apply to grand jury (3)
(1) exclusionary
(2) rules of evidence
(3) Miranda warnings
Grand Jury Deliberations
Only grand jury members may be present
Term of grand jury
90 days, subject to one 90 day extention
Defendant entitled to the following warnings during grand jury (4)
(1) right not to answer questions that might incriminate him
(2) Notice of what offense
(3) Right to have counsel outside the jury room and right to consult with counsel before answer any questions, and
(4) right to have questions and answered recorded
Grand Jury Transcript is available to defendant only if
Particularized need is shown
Examining Trial Definition
Preliminary proceeding conducted by magistrate to determine whether probable cause exists
