how to provide information to us attorney for grand jury

How do government attorneys get access to grand jury materials?

Generally, government attorneys who are handling only civil cases do not have automatic access to grand jury materials but may obtain access to such materials only upon court order issued pursuant to Fed. R. Crim. P. 6 (e) (3) (C) (i). See United States v. Sells Engineering, Inc., 463 U.S. 418, 427 (1983).

Who is aware of the Proceedings of a grand jury?

The only people who are aware of the proceedings of a grand jury are the prosecutors, the jurors, court reporters and the testifying witnesses. Prosecutors, grand jurors and court reporters all are bound by rules of secrecy regarding what goes on in a grand jury meeting.

What are the requirements for a grand jury in the US?

(1) In General. When the public interest so requires, the court must order that one or more grand juries be summoned. A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet this requirement. (2) Alternate Jurors.

How do I submit a draft report to the grand jury?

Before any draft report is furnished to the grand jury, it must be submitted to the Chief of the Organized Crime and Gang Section for approval. When a United States Attorney learns that a grand jury is preparing a report which he/she has not requested, he/she should advise the Criminal Division.

Who is responsible for requesting that a grand jury convene?

(a) Summoning a Grand Jury. (1) In General. When the public interest so requires, the court must order that one or more grand juries be summoned. A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet this requirement.

Which of the following is required for a grand jury to return an indictment in a case?

A simple majority of the grand jurors must vote for an indictment in order to return a true bill. If a majority of the grand jurors don't think the prosecutor's evidence creates probable cause, they will vote not to return the indictment.

Which court member dominates the grand jury?

The grand jury also has investigative authority, and it is to serve as a protective shield against unwarranted prosecution. In practice, however, grand juries are usually dominated by the public prosecutors, who are responsible for presenting the evidence to them.

How does grand jury work in PA?

Grand Juries in Pennsylvania In Pennsylvania, a grand jury can begin at the county level by a prosecutor who submitting an application to a presiding judge to summon a grand jury. It can also begin at a multi-county level by the Pennsylvania Attorney General's request to the Pennsylvania Supreme Court.

Which statement is true of grand jury proceedings?

Which statement is true of grand jury proceedings? If the grand jury finds sufficient evidence, it submits an indictment to the court. Most criminal matters occur at the lesser felonies layer of the wedding cake model of crime.

Which of the following is required for a grand jury to return an indictment in a case quizlet?

Which of the following is required for a grand jury to return an indictment in a case (also known as a true bill)? Nine of twelve grand jurors must agree that there is sufficient evidence for an indictment.

Which of the following is a power of the grand jury?

Grand juries decide the guilt or innocence for defendants charged with felony offenses. Grand juries have the power to grant witnesses immunity from prosecution.

What does a foreperson do?

A foreperson is a supervisor who oversees a crew of workers during manual labor projects.

Which part 1 crime has the highest clearance rate?

murder and manslaughter chargesIn 2020, murder and manslaughter charges had the highest crime clearance rate in the United States, with 54.4 percent of all cases being cleared by arrest or so-called exceptional means. Motor vehicle theft cases had the lowest crime clearance rate, at 12.3 percent.

How are grand juries selected?

Federal law requires that a grand jury be selected at random from a fair cross section of the community in the district or division in which the federal grand jury convenes. Thus, all citizens have an equal opportunity and obligation to serve.

What is PA statewide investigating grand jury?

In Pennsylvania, a statewide investigating grand jury is a tool used most often to investigate potential crimes, usually in prosecutor-led probes out of the Attorney General's office.

Is Double Jeopardy allowed?

Overview. The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "

Who advises a grand jury?

It is the policy of the Department of Justice to advise a grand jury witness of his or her rights if such witness is a "target" or "subject" of a grand jury investigation.

Who has the authority to conduct grand jury proceedings?

The Attorney General has delegated the authority to direct Department of Justice Attorneys to conduct grand jury proceedings to all Assistant Attorneys General and Deputy Assistant Attorneys General in matters supervised by them. (Order No. 725-77.)

What happens if a grand jury refuses to testify?

A question frequently faced by Federal prosecutors is how to respond to an assertion by a prospective grand jury witness that if called to testify the witness will refuse to testify on Fifth Amendment grounds. If a "target" of the investigation and his or her attorney state in a writing, signed by both, that the "target" will refuse to testify on Fifth Amendment grounds, the witness ordinarily should be excused from testifying unless the grand jury and the United States Attorney agree to insist on the appearance. In determining the desirability of insisting on the appearance of such a person, consideration should be given to the factors which justified the subpoena in the first place, i.e., the importance of the testimony or other information sought, its unavailability from other sources, and the applicability of the Fifth Amendment privilege to the likely areas of inquiry.

What is the Fair Credit Reporting Act?

§ 1681 (b), has been amended to permit prosecutors to obtain consumer credit report records by using a federal grand jury subpoena without applying to the district court for an order. Regarding access, disclosure and transfer of financial records, see JM 9-13.800.

What is the rule for grand jury subpoenas?

Subpoenas in Federal proceedings, including grand jury proceedings, are governed by Rule 17 of the Federal Rules of Criminal Procedure. Grand jury subpoenas may be served at any place within the United States.

What is advice of rights?

Advice of Rights. The grand jury is conducting an investigation of possible violations of Federal criminal laws involving: (State here the general subject matter of inquiry, e.g., conducting an illegal gambling business in violation of 18 U.S.C. § 1955).

What is the function of a grand jury?

While grand juries are sometimes described as performing accusatory and investigatory functions, the grand jury's principal function is to determine whether or not there is probable cause to believe that one or more persons committed a certain Federal offense within the venue of the district court. Thus, it has been said that a grand jury has but two functions—to indict or, in the alternative, to return a "no-bill." See Wright, Federal Practice and Procedure, Criminal Section 110.

Who can be present during a grand jury?

The following persons may be present while the grand jury is in session: attorneys for the government, the witness being questioned, interpreters when needed, and a court reporter or an operator of a recording device. (2) During Deliberations and Voting.

How many members are needed for a grand jury?

A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet this requirement. (2) Alternate Jurors. When a grand jury is selected, the court may also select alternate jurors.

How many jurors are required to indict a grand jury?

A grand jury may indict only if at least 12 jurors concur. The grand jury—or its foreperson or deputy foreperson—must return the indictment to a magistrate judge in open court. To avoid unnecessary cost or delay, the magistrate judge may take the return by video teleconference from the court where the grand jury sits.

What is an alternate juror?

Alternate jurors replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror is subject to the same challenges, takes the same oath, and has the same authority as the other jurors. (b) Objection to the Grand Jury or to a Grand Juror. (1) Challenges.

How long does a grand jury serve?

A grand jury must serve until the court discharges it, but it may serve more than 18 months only if the court, having determined that an extension is in the public interest, extends the grand jury's service. An extension may be granted for no more than 6 months, except as otherwise provided by statute.

What does Rule 54 C mean?

Rule 54 (c) defines attorneys for the government to mean “the Attorney General, an authorized assistant to the Attorney General, a United States attorney, and an authorized assistant of the United States attorney, and when applicable to cases arising under the laws of Guam, means the Attorney General of Guam. . . .”.

What is the rule for the grand jury?

Rule 6 (e) currently provides that “disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the attorneys for the government for use in the performance of their duties.” Rule 54 (c) defines attorneys for the government to mean “the Attorney General, an authorized assistant to the Attorney General, a United States attorney, and an authorized assistant of the United States attorney, and when applicable to cases arising under the laws of Guam, means the Attorney General of Guam. . . .”

How many members are needed for a grand jury?

Practical Suggestions for Grand Jurors. Each grand juror should attend the grand jury sessions regularly, in order to ensure that a quorum of 16 members will be present to conduct the grand jury's business. Each grand juror should be on time for each meeting so that others are not kept waiting.

How many jurors are needed to be present in a grand jury trial?

It should be remembered that at least 16 jurors must be present and 12 members must vote in favor of the indictment before it may be returned. The foreperson of the grand jury must keep a record of the number of jurors concurring in the finding of every indictment and file the record with the Clerk of the Court.

Why is a grand jury necessary?

This is necessary because the grand jury has no investigative staff, and legal assistance will be necessary in the event an indictment is voted. It should be borne in mind that a federal grand jury can take action only upon federal crimes that have been committed within the district in which it has been impaneled.

What did the Crown propose to the grand jury?

Displeased with him, the Crown presented to the grand jury a proposed bill of indictment for high treason and recommended that it be voted and returned. After hearing the witnesses, the grand jury voted against the bill of indictment and returned it to the King, holding that it was not true.

Why should each grand jury be on time?

Each grand juror should be on time for each meeting so that others are not kept waiting. The time of meetings should be scheduled so as to be convenient for the grand jury, the United States Attorney, and the witnesses. Witnesses should be treated courteously when they appear before the grand jury.

What happens if a grand jury votes no bill?

If the evidence does not persuade the grand jury that there is probable cause to believe the person committed a crime , the grand jury will vote a "no bill," or "not a true bill.".

What is the function of a grand jury?

As stated above, the federal grand jury's function is to determine whether a person shall be tried for a serious federal crime alleged to have been committed within the district where it sits.

How many members of a grand jury are present?

Sixteen of the 23 members of a federal grand jury must at all times be present at a grand jury session in order for the grand jury to be able to conduct business.

Who can testify before a grand jury?

Testimony of witnesses, documents, and exhibits as presented to the grand jury by a government attorney or otherwise properly brought before it. In some instances, the person being investigated by the government may also testify.

What is the term for a person who is suspected of a federal crime?

After a person is indicted by the grand jury, that person is referred to as the “defendant.”

What is the immunity granted to a grand jury?

Immunity is granted to all grand jurors for their authorized actions while serving on a federal grand jury and means that no grand juror may be penalized for actions taken within the scope of service as a grand juror.

What is the discussion by the grand jury members as to whether or not to return an indictment on a given

The discussion by the grand jury members as to whether or not to return an indictment on a given charge against a person being investigated by the government. During deliberations no one except the grand jury members or an interpreter for a hearing or speech impaired juror may be present.

What is the secrecy of grand juries?

The secrecy imposed on grand jurors is a major source of protection for them. In addition, no inquiry may be made to learn what grand jurors said or how they voted, except by order of the court.

What is the responsibility of a grand jury?

It is the responsibility of the grand jury to weigh the evidence presented to it. This is usually done without any explanation offered by the person being investigated by the government, in order to determine whether this evidence persuades that there is probable cause to believe that a crime has been committed and that the person being investigated was the person who committed it. Remember that the grand jury is not responsible for determining whether the person being investigated is guilty beyond a reasonable doubt, but only whether there is sufficient evidence of probable cause to justify bringing the that person to trial. Only the evidence presented to the grand jury in the grand jury room may be considered in determining whether to vote an indictment.

What is a grand jury?

Updated September 21, 2018. A grand jury is a legal body comprised of laypeople that determines whether there is enough evidence to bring criminal charges to trial. During grand jury proceedings, a prosecutor presents an accusation and supporting evidence to the grand jury. The grand jury then decides whether or not ...

How are grand juries selected?

How Grand Juries Are Selected. Grand juries are made up of randomly-selected laypeople. The grand jury members are asked to appear in court for varying lengths of time: some grand jury sessions last for months, but only require jury members to sit in court for a few days each month. Grand juries are generally composed of 6 to 12 people just like ...

How do grand juries work?

Grand juries function differently from trial juries. Trial juries are presented with evidence from the defense and the prosecution. The accused person is present in court and has a legal right to a defense attorney.

Why is the grand jury secret?

Unlike most other court proceedings, grand jury proceedings take place in secret, which serves a few purposes: An accused person may present a flight risk if he or she knows a grand jury has been convened. By keeping the proceedings a secret, the court reduces this risk.

What happens if you don't have a grand jury?

States that don't use grand juries use preliminary hearings for felony cases. Instead of impaneling a grand jury, a prosecutor files a criminal complaint which lists the name of the defendant, facts of the case, and relevant charges. After the complaint is filed, a judge reviews it in a public preliminary hearing.

Why are grand jury members kept secret?

The names of grand jury members are also kept secret to prevent bias. While secrecy can be helpful for maintaining confidentiality, it also makes the grand jury process somewhat of a mystery to most members of the public and raises questions about transparency in the court.

How many people are on a grand jury?

Grand juries are generally composed of 6 to 12 people just like a trial jury, but when a federal grand jury is called, 16 to 23 people may be required to show up for jury duty.

What is the federal grand jury investigating?

The federal grand jury is investigating a corporation for accounting fraud. You work in the corporation's accounting department. The prosecutor believes that any accounting department employee who reviewed Document X and later booked entries related to Document X is guilty of fraud.

How many members are on a grand jury?

Federal grand juries have a maximum of 23 members, 16 of whom must be present to form a quorum. Indictments are returned by a vote of 12 or more members. Federal grand juries typically sit for a term of 18 months and meet at regular intervals.

What is a shadow grand jury?

If you have the money, your attorney can often conduct what is known as a shadow grand jury. Friendly witnesses will sometimes inform you if they have been subpoenaed to the grand jury and you and your defense team can often figure out who else the government may call. Grand jury witnesses are then interviewed, before or after they testify, giving you valuable information on where the investigation is heading. Of course, grand jury witnesses are under no obligation to cooperate with your defense team, and the use of shadow grand juries often infuriates prosecutors. You should proceed with great caution and make sure that all interviews are carefully documented so that your defense team is not accused of witness tampering or obstructing justice. And it should go without saying that your attorney and his staff should conduct and arrange all interviews-not you.

What is the rule for grand jury secrecy?

Federal grand jurors, grand jury court reporters and the prosecutors running the grand jury are under a strict duty to keep any "matter occurring before the grand jury" a secret. This duty is codified in Rule 6 (e) of the Federal Rules of Criminal Procedure.

How early can a witness appear at a grand jury?

The letter accompanying the witness' subpoena may ask or direct the witness to appear an hour or two early at the grand jury room or the U.S. Attorney's Office.

What to do if you get a subpoena?

Tuesday, July 2, 2019. Other than having to respect testimonial and constitutional privileges of the people called to appear before it, a federal grand jury can pretty much do what it wants in questioning witnesses and compelling the production of documents.

Who said a prosecutor can get a grand jury to indict a ham sandwich?

This is the basis for Judge Sol Wachtler' s famous saying that a prosecutor can get a grand jury to "indict a ham sandwich.”. Testifying or providing documents to such a powerful body entails grave risks.

Who are the people who are aware of the grand jury?

The only people who are aware of the proceedings of a grand jury are the prosecutors, the jurors, court reporters and the testifying witnesses.

Why do prosecutor attorneys use grand jury?

The prosecuting attorney uses the grand jury to investigate as much as for the filing of criminal charges. This is done because a grand jury has several advantages over law enforcement investigations. For example, a grand jury can subpoena witnesses and documents.

Why are the proceedings of the trial secret?

First and foremost, the proceedings are secret because the prosecution does not want at this time to notify possible targets of a grand jury investigation that they may face federal charges. If they were to learn of this, they could flee the country.

How long does a grand jury sit for?

A federal grand jury may sit for as long as 18 months. It can hear evidence one day per week, typically, but sometimes more often.

What is the process of indicting a person for a felony?

To indict you, the US attorney will offer evidence regarding your case to the federal grand jury in the federal district where the crime allegedly happened.

Why do federal prosecutors ask the same question twice?

One of the favorite tricks of federal prosecutors is to ask the same question at different times to see if a suspect will give a different answer the second or third time. You might even be asked to appear before the grand jury on several different occasions for this very reason.

What happens when a grand jury subpoenas a person?

But when a federal grand jury has produced a subpoena, the person has to appear or faces contempt of court. Because the grand jury cannot convict anyone of a crime, the law is not as concerned with the technical rules of evidence as it is in an actual criminal trial.