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GRAND JURY

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Page 1: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

GRAND JURY

Page 2: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

What is a Grand Jury?

GRAND JURY

How does it operate?

How does it fit in the process? WHAT ARE YOUR RIGHTS?

Page 3: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges
Page 4: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

• Work within a specific county• Usually have no input on

charges

STATE PROSECUTORS

• Usually deal with investigations• Do have input on initial charges

FEDERAL PROSECUTORS

Page 5: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

Hamilton County Grand Jury

Group of Citizens

Hear Allegations

13 members, 5 alternatesTwo panels + forepersons

Prosecutor present

Page 6: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

Hamilton County Grand Jury Established by state

law

Page 7: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

Hamilton County Grand JuryKnow Your Rights

• Your attorney can’t be there, either

No right to be present

• Very few exercise this right

You can request to testify

• This allows you to confer with your attorney

You can take a break

Page 8: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

Hamilton County Grand Jury

Hear Testimony(usually of an officer)

VOTEYES

(must be unanimous)

NO

Indictment Returned

No Bill

Page 9: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

Hamilton County Grand Jury

Secret &Confidenti

al

Page 10: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

Hamilton County Grand Jury

Only determine probable

cause

Page 11: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

Hamilton County Grand Jury

Each week judge reviews cases

Indictments to Clerk’s Office

Defendants arrested

Page 12: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

Hamilton County Grand Jury

Speeding

Class C Misdemeanors

Assault

Murder All Felonies

Page 13: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

Appellate Courts• State• Federal

Criminal Court• Plea or Trial• Reasonable Doubt Standard

Grand Jury• Determines Probable Cause• Indictment or No Bill

General Sessions Court• Misdemeanors• Plea, Dismissal or Preliminary Hearing

Arrest• Probable Cause

Page 14: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

FEDERAL

Arrest cases are rare

Long investigations are norm

Prosecutor chooses charges

Page 15: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

STATE

Most are arrest cases

Officer makes charging decision

Prosecutor reviews charges

Page 16: WHAT ARE YOUR RIGHTS? Work within a specific county Usually have no input on charges Usually deal with investigations Do have input on initial charges

GRAND JURY