WHAT THE GRAND JURY DOES:
As a juror, you have two major responsibilities: to protect innocent persons from needless accusations, and to assure accused persons that any evidence against them is considered fairly.
Secrecy is of the utmost importance. Not only is any action taken on an indictment a private matter, but the fact the question was considered, or that certain witnesses were called are also private. The pledge of secrecy is permanent. Even among your family, friends, or fellow workers, the happenings within the Grand Jury Room are secret, not to be divulged. Sometimes, after a full hearing, the court orders a disclosure to promote justice. But this is not the job of an individual juror.
The Grand Jury decides whether a person should be tried for a serious crime. In Ohio, an accused person may give up this right. Unless the defendant waives these rights, a Grand Jury made up of private citizens decides whether or not prosecution will go forward. Grand Juries deal with felonies, which are crimes punishable by imprisonment for more than one year.
Although hearing testimony, you are not trying the case. You hear only evidence presented by the prosecution. You decide whether that evidence, taken by itself, justifies the formal charge of a crime. The judge and prosecutor advise you about the legal principles to consider.
You will vote a true bill when there is sufficient evidence to require a trial. If not, vote to ignore. In Ohio, seven of the nine votes are required to indict.
The county prosecutor most frequently brings criminal charges to the Grand Jury. In these instances, the accused could be either in custody or released on bail. Action should be prompt and result in a vote on the issues.
To protect you from secret influences, no one has the right to contact you or another member to exert pressure. Refer anyone offering information about a possible crime to the prosecutor. The information should be heard by the entire jury. Any citizen can ask to testify in order to urge investigation of a certain situation.
A Grand Juror is a public official who is obligated to protect the public by enforcing the law. If the law appears harsh, it is still the law. As a citizen, you have the right to try to change the law, but as an official you have the duty to enforce it as it exists.
Grand Jury investigations are limited by law. They may be directed at public official, offices, or institutions to see if a crime has been committed. At least once during its term, the Grand Jury is required to inspect the county jail and file a written report dealing with conditions in the facility. |