GRAND JURY PROCEDURE:

GRAND JURORS-HEARING WITNESSES

Most of your work concerns hearing witnesses and determining sufficient evidence. The prosecuting attorney states and explains the charge to you and advises which witnesses will be presented. Witnesses appear voluntarily, or at the request of the prosecuting attorney, or the Grand Jury, or upon subpoena form the Grand Jury, or the Court. The Grand Jury may call additional witnesses.

These witnesses are called one-by-one and sworn to tell the truth. The foreperson may administer oaths or affirmations. Ordinarily, the prosecuting attorney first questions the witness. Then the foreperson, and then other members of the Grand Jury may ask proper questions of any witness.

All questions are to be impartial and objective, without indicating a questioner’s viewpoint. All proceedings are recorded. Except for the prosecuting attorney, the court reporter, or interpreter, and the witness, only Grand Jurors are present.

By statute, if a witness refuses to answer a question before the Grand Jury, inform the Court. In writing, state the question along with the witness’ excuse for refusing to answer. The Court determines whether the witness is required to answer. This probably involves a technical question of constitutional freedom form self-incrimination. If it does, the witness cannot be forced to answer. If it does not, the Court orders the witness to answer. If the witness fails to do so, the Court orders the witness held, or tried, for contempt.

The Grand Jury does not try the case, but determines whether there is sufficient evidence to justify a trial. The defendant is not called as a witness, nor are witnesses called to offer testimony of the defendant. If the defendant wants to testify, the Grand Jury has the option of permitting it. You cannot force the defendant to testify because of constitutional safeguards against self-incrimination. If you try to force the accused to appear, an indictment can be voided.

If the defendant willingly testifies, it must be made clear that they are doing so voluntarily. The defendant must be warned of constitutional rights. Then the accused must state for the record the decision to waive the right to remain silent. If you take the initiative and offer to let the accused testify, the Grand Jury creates a problem. If the defendant declines, you may be influenced by the exercise of that constitutional right. This should not be allowed to create a bias against the accused.

Legal questions may arise about “proper” evidence. Evidence law is technical. The prosecutor or the Court will guide you.

Finally, neither a defendant nor a witness is allowed to have an attorney present during questioning. This is unlawful.

SUGGESTIONS FOR GRAND JURORS:

1. Try to understand what is being said; someone’s freedom may depend upon it.
2. Be courteous to witnesses and jurors.
3. Hold any questions until the prosecutor has completed a witness’ testimony. The question usually will be answered.
4. Listen to opinions of fellow jurors, but form your own conclusions.
5. Be completely fair. The secrecy of the proceedings will allow no one to second guess your determination.
6. Express your views. You may have an idea no one else will suggest.
7. Convince without being dictatorial.
8. A reckless grand jury is as harmful as a weak one.
9. Your regular and timely attendance is important.

GRAND JURORS-DETERMINATION TO INDICT OR DISMISS

After hearing all necessary or available witnesses, everyone must leave the room except the grand jury members. Any alternate jurors must also leave the room. The foreperson leads a discussion and conducts a vote on finding a true bill. No vote is taken until each member has been heard. Seven of the nine members must agree before an indictment can be found. The foreperson signs all indictments.

If, after examining the testimony, you are convinced that the accused is probably guilty of a crime different from the one charged, and indictment may be returned on the new charge. This may be an included offense or an entirely new offense. If this question arises, ask the prosecutor or Court’s advice.

The foreperson or deputy foreperson records the number of jurors agreeing in the finding of every indictment and files the record with the Clerk of Court.

GRAND JUROR-HOW LONG YOU ARE REQUIRED TO SERVE:

Grand jurors are required to serve for a four-month period, namely January through April; May through August; or September through December. The Grand Jury will probably meet one day twice a month for the four months it is in session. However, on occasion it may become necessary for the Grand Jury to hold an additional meeting. The Deputy Jury Commissioner will notify you if an additional meeting is required.

GRAND JUROR-WHEN TO REPORT:

A summons telling you the exact date and time to report for Grand Jury will be mailed to you. On this date all Grand Jurors will be sworn in. A Grand Jury will be seated and begin hearing cases. The remaining Grand Jurors will be designated as alternate Grand Jurors and released for the day. The alternate Grand Jurors will be contacted when they need to report.

GRAND JUROR-WHERE TO REPORT:

The Miami County Common Pleas Court is located on the third floor in the Safety Building, 201 W. Main Street in Troy, Ohio. When exiting the elevator, turn right and be seated in one of the blue chairs at the end of the hall. Court personnel will accompany you to the proper area.