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Speak Up! - View Question #641 |
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Question: What happens at a grand jury proceeding?
Answer: The grand jury has two functions: reviewing charges brought by prosecutors and conducting investigations into possible criminal behavior. In Arizona, a grand jury is composed of either 14 or 16 members of the community who are chosen from a pool of prospective jurors that are registered to vote or have a driver's license. The jurors hear evidence from a witness or witnesses brought by the state regarding the investigation of a crime. Usually, neither the subject of the investigation nor his/her attorney is present. The grand jurors do not hear testimony from the defense nor are the prosecutor's witnesses cross-examined. The prosecutor asks the witness questions about the crime investigation and suspect. Grand jurors are also given an opportunity to ask questions. They also have the right to subpoena witnesses, including the suspect, to testify before them. After listening to the evidence, the jury deliberates without anyone else in the room to decide whether there is probable cause to indict the accused person. 'Probable cause' means a crime was probably committed and the defendant is probably the one who committed the crime. If the jurors believe the prosecutor has presented enough evidence to meet the probable cause standard, they return an indictment against the defendant. If not, they return a 'no true bill.' All grand jury proceedings are secret to protect the jurors and to allow witnesses to testify freely without fear of harm.
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On 02/27/04
barbara from NY said:
can the prosecuter give a plee before going to the grand jury when you have not been indited and pleading not guilty can they ask you to plee guilty/ befor going to the grand jury /
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On 02/25/04
Gayle from AZ said:
Obviously you have been the subject of a Grand Jury Indictment or someone you are close to has, especially if you have been a "sit-in" as you call it, in "many courtrooms"
For the record, the grand jury proceeding is a closed proceeding, meaning it is closed to the general public. The accused can petition the court to be present. The accused's attorney can be there, as well. So, next time before you begin slamming the Arizona legal system, you should make sure you know the facts. Or hire a different and better attorney for your defense!
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On 10/23/03
Dawn from NV said:
Lived in Az. for 25 yrs. Left do to justice system there.(I wasn't the focus of the Grand Jury) The Grand Jury is a joke. It's a one sided story. The State says all the evidence without the accused or his attorney present. It is a secret meeting. If only the States side is presented then how do you expect the Grand Jury to say "we don't have enough evidence to go to trial". Of coarse the state makes the accused look guilty without anyone there to tell otherwise. I think the Grand Jury should be abolished. Or make it fair to the accused. I have a motto for the Arizona Justice System "Arizona se
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