Grand Jury

Grand Jury

Multiple Choice

Are grand juries required in state court?

• Yes. Every state Constitution requires indictment by grand jury before a felony can be charged.
• No. Grand juries are optional in state court.
• No. Grand juries do not exist in state courts.
• Yes and no. the federal Constitution's grand jury requirement is not binding on states, but many states nonetheless require grand jury.

Multiple Choice

What amendment provides for the right to grand jury?

• 1st
• 3rd
• 4th
• 5th

Multiple Choice

What are the secrecy rules for a grand jury?

• Grand jurors can talk about what happened in grand jury sessions, as long as they don't mention names.
• Grand jurors can talk about what happens in grand jury sessions, but only when the case is completely over.
• Grand jurors can talk about what happens in grand jury sessions, but only if they get permission from the foreman.
• Grand jurors can't talk about what happens in grand jury sessions unless they are in session with a quorum present. Grand jurors can't disclose what happens in grand jury, but some grand jury witnesses are free to talk about their own testimony.

Multiple Choice

An indictment is...

• A piece of paper signed by the prosecutor
• Evidence that a crime has been committed
• Proof that a judge has found probable cause
• Not issued unless 12 grand jurors agree that charges should be filed

Multiple Choice

What does "probable cause" mean?

• there's at least some reasonable suspicion that the defendant committed a crime
• it's more likely than not that the subject committed the crime, there's a greater than 50% chance that the subject committed the crime, the preponderance of the evidence indicates that the defendant committed the crime
• it has been proven beyond a reasonable doubt that the subject committed the crime
• I don't know

Multiple Choice

Suppose a prosecutor is having trouble getting the grand jury to indict. Which of these is a possible strategy?

• Get the defendant to waive his right to grand jury
• Wait (probably months) until the current grand jury finishes its term, then present the case to the next grand jury. (Note: assume that there are no statute of limitations problems.) or Recall a witness that has already testified. Maybe it will go better the second time.
• Get the judge to agree that probable cause exists.
• Indict the case on a smaller charge, and then amend the indictment- you don't have to present the amendment to the grand jury!

Multiple Choice

What are the two purposes of a grand jury?

• determine guilt or innocence
• investigate crimes and issue indictments 
• issue criminal complaints
• determine the punishment that a convicted person must serve

Multiple Choice

Who is present during grand jury sessions?

• the judge
• the defense attorney
• the defendant
• the prosecutor, the court reporter, the witness

Open Ended

Formulate 3 pros and 3 cons of a case being presented directly to the grand jury.

Open Ended

Explain why grand jury proceedings are secret.

Open Ended

Describe the protection a target has against witnesses lying to the grand jury, or against the use of unconstitutionally obtained evidence.

Open Ended

Grand jurors are not screened for biases or other improper factors. Analyze how this may be an issue and give an 2 examples.

Open Ended

If the grand jury refuses to return an indictment, the prosecutor come back and try again, or explain if that barred by double jeopardy.