How is a grand jury different from a regular jury?

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There are differences between a grand jury and a regular jury. Grand jurors are selected from the same pool of regular jurors, they hear evidence in multiple investigations happening at the same time. They are not impartial bodies. Your attorney will not play any role in the challenging or selection of the grand jurors, as opposed to the regular juror selection process. The grand jury proceedings are secret, and you will not be present when other witnesses testify or evidence is presented to the grand jury.

Transcript of How is a grand jury different from a regular jury?

Page 1: How is a grand jury different from a regular jury?

How is a

grand jurydifferent from a

regular jury?

Page 2: How is a grand jury different from a regular jury?

Grand jurors are selected from the same pool as regular jurors.

Typically, the

consists of 16 to 23 members who sit for 18 months, but only for a few days each month.

GRAND JURY

GRAND JURIESare a way of screening cases and rejecng those unfit for prosecuon.

The jurors are not meant to determine guiltguilt or innocence, only whether there is probable cause to connue to connue to trial.

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grand jury The

is not selected specifically to deal with your case.

They hear evidence in mulple invesgaons happening at the same me. Neither probable cause nor reasonable suspicion is required to iniate a grand jury invesgaon.

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does not present evidence in your defense, and you don’t have to tesfy, though you can choose to do so.attorney

Your

Grand juriesare not impartial bodies. They hear only the evidence the prosecutor chooses to present, much of it hearsay in the form of interviews summarized by law enforcement agents.

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10interstate

attorney’s roleYour

in the grand jury proceedings

your defense aorney will not play any role in challenging or selecng the grand jurors.

regular jurors,Unlike

many states,In

lawyers are not allowed to accompany their clients during grand jury tesmony.

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allowedEven when

most states prohibit counsel from objecting to,

arguing with, or quesoning witnesses, or in any way parcipang except to advise their clients.

40interstate

if there is an objecon to be made or if a queson must be clarified, your aorney must whisper the instrucons to you and you will make the objecon or request objecon or request the clarificaon.

these states,In

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attorney If your

is not allowed to be present when you testify,

you can still leave after a question and consult with counsel before answering.

in how oen you may consult with your lawyer. You will want to save the opportunity to consult for:

restrictedBut you may be

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Questions you and your aorney have decided in advance are sensive.

Unexpected quesons.

Before the proceedings, your aorney will prepare you by asking variaons of quesons the prosecutor may ask. When you’re prepared for most of the quesons, you can save your opportunity to consult for unforeseen, hosle, or confusing quesons.

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The grand jury processGrand jury proceedings are secret.You will not be present when other witnesses tesfy or evidence is presented to the grand jury.

If you tesfy at the proceedings, the prosecutor will bring you into the grand jury room. You will walk to the front of a room and sit or stand in front of the jurors.

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You will give your

TESTIMONYunder oath,and if you lie you will face criminal penales for perjury or false statements.

You can refuse to answer a quesonif the answer would tend to incriminate you,and you will be permied a

“reasonable opportunity” to leave and to consult with counsel during the quesoning.

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will queson you in a manner resembling trial or deposion quesoning, but without defense counsel to object or a judge to intervene.

prosecutorThe

errorIf you make an while tesfying (misunderstand a queson, answer incompletely, etc.),

your aorney cannot correct it on redirect, so be cauous when tesfying.

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understand Be sure you

the queson,and answer only the queson asked, fully enough to be understood, but no more.

If you have any doubt as to a queson’s meaning, say you do not understand.

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hearsay and opinions.You can be asked to offer

Explain the extent of your knowledge and the source for it.

If you have an imperfect memory about an event, preface your answer by explaining the limitaons on your knowledge:

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the exact words I said, but I know I went ahead and billed as my boss told me.”remember “I don’t

exactly when he said it, but Joe told me that aer Saturday we would not have to worry about money anymore.”

know “I don’t

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Declineinvitaons to speculate or guess. “I don’t know what Joe was thinking” or “I don’t remember” are acceptable answers—if true.

over “I don’t recall” answers, so don’t stonewall the grand jury with a string of “I don’t recall” answers.

conviconPerjury prosecuons have gone to

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prosecutor When thefinishes,

the grand jurors can ask quesons.

will excuse you while they gather and screen the quesons; others will permit the jurors to ask as you sit there.

Some prosecutors

These quesons can be especially dangerous because they oen take the form of accusaons.

Exercise CAUTION in answering their quesons, and consult with your aorney when necessary.

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IndictmentA grand jury indictmentdoes not mean you’ve been found guilty of a crime; it only means the jurors feel there is enough evidence to charge you with a crime and proceed to trial.

The case will be tried before a different jury,and your aorney will present evidence and tesmony in your defense.