Grand Jury PracticeThe Big Ten

“Ten Things You Need to Know”

Robert Cline

Morgan County Chief Deputy Prosecutor

AGENDA

Grand Jury Philosophy: Why and When to call a Grand Jury

• Practice Pointers: The Big Ten • Questions

• Grand Jury Forms

Grand Jury PracticeWhy and When to Call a Grand Jury

I.Politically Sensitive CasesII.New Applications of Existing Laws

New LawsI.Difficult Fact PatternsII.Motor Vehicle Fatalities

Key: Establish Your Standards and Remain Consistent Over Time

Political Reality: Grand Juries are sometimes viewed as a “tool of the Prosecutor”

Grand Jury PracticePractice Pointers

#1 Instruct the Grand Jury on Legal Terms and

Procedure•Grand Jury Statute: IC 35-34-2-1 et seq.•Probable Cause•Reasonable Doubt•Elements of the Crimes•Culpability•Perjury Requires Materiality•Standard Jury Instructions

#2

Advise the Grand Jury That It’s Their Investigation But You Set the Boundaries

• Your Role: Legal Advisor• Avoid Personal Feelings and Opinions• Encourage Grand Jury Participation• If They Indict, You Will Prosecute

#3

Request the Target/Defense to Participate

• Request the Defense to Provide Witness List• Subpoena All Defense Witnesses• Encourage Target to Testify

#4

Allow Grand Jury to Request Additional Investigation/Witnesses

• Set Aside Time for Additional Witnesses• Utilize Lead Investigator to Follow Up Questions/Witnesses

#5

Protect Identity of Targets/Witnesses

• Limit Public Comments on the Case• Prepare Short Press Release if Necessary• Remember You Want to Be Fair and to Seek the Truth

#6 Record All Matters On The Record

• IC 35-34-2-3(d)• Wurster v. State, 715 N.E.2d 341, 346-347

#7Unauthorized Persons Present and Participating

in the Proceedings

• IC 35-34-2-4(c)• Bowman v. State, 423 N.E.2d 605 (Ind. 1981) and Brown v. State, 434 N.E.2d 144 (Ind. App. 1982)• Best Practice: Police Officers Not Allowed to be Present for Other Witnesses Testimony

#8

Allow Grand Jury to Ask Questions

• IC 35-34-2-2(a)• Wurster v. State, 715 N.E.2d 341

#9

You Must Identify Each Target and Each Offense on the Record Before

Deliberation

#10

Target’s Rights and Target Subpoenas

• IC 35-34-2-5 and 35-34-2-5.5• Must Advise that He is a “Target” and Provide a Statement of the General nature of the Grand Jury Inquiry• Right to Counsel• Right to Have Counsel Present During Grand Jury Questioning