what questions can a district attorney ask a defendant in a grand jury inquist

Do grand jurors have the right to ask questions?

Mar 30, 2016 · They ask very narrow questions of the witnesses, and the witness can only respond to those questions. For example, they might ask a police officer “What happened immediately before you arrested Mr. Smith?” and the officer might …

What kind of questions do lawyers ask for jury duty?

Who may testify before a Grand Jury? 25. Potential defendants and witnesses • Potential defendant, upon receipt of written request to appear by the district attorney; o If a defendant chooses to testify, defense counsel can be present. o If DA fails to allow a defendant to testify, the indictment is dismissed.

How is a grand jury selected in a criminal case?

II. QUESTIONS FOR JURY PANEL 6 . A. General Questions 6 . 1. Case Familiarity 6 . 2. Scene Familiarity 6 . 3. State's Attorney 6 . 4. Defense Attorney 6 . 5. Defendant 7 . 6. Victim 7 . 7. Witnesses and Others 7 . 8. Juror Qualifications 8 . 9.

What is it called when a judge questions a potential juror?

Rule 6. The Grand Jury. (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. (2) Alternate Jurors.

Are grand jurors allowed to ask questions?

The prosecutor typically asks the initial questions to that witness and then grand jurors are allowed to ask additional questions. The evidence always comes from the witnesses themselves, but the prosecutor does the initial questioning of the witnesses. ... The longer a grand jury serves, the more independent they become.Nov 17, 2014

How do you beat the grand jury?

Once you are indicted, there are three main options. First, your lawyer can petition the court to dismiss the indictment. Second, you can ––upon the advice of your attorney–– plead guilty. Third, you can contest the allegations and invoke your constitutional right to a jury trial.

What is the rationale behind requiring an indictment by a grand jury?

Generally speaking, a grand jury may issue an indictment for a crime, also known as a "true bill," only if it finds, based upon the evidence that has been presented to it, that there is probable cause to believe that a crime has been committed by a criminal suspect.

Why do courts use an information rather than a grand jury indictment?

After the initial appearance, the next step for the accused is the preliminary hearing before the grand jury. What is a grand jury? Most misdemeanor cases and some felony cases use an information rather than a grand jury bc it saves time.

Is grand jury indictment federal?

A grand jury indictment is the formal charging instrument used by the U.S. Department of Justice to bring federal criminal charges against a defendant. ... Thus, if you have been federally indicted, it means that the prosecution has already conducted its investigation and presented its case to a grand jury.Sep 30, 2021

What is the difference between a jury and a grand jury?

The petit jury listens to evidence presented by both parties during a trial and returns a verdict. A grand jury does not determine guilt or innocence, but whether there is probable cause to believe that a crime was committed. The evidence is normally presented only by an attorney for the government.

Can you plead the Fifth Amendment before a grand jury?

Yes, you must appear before the grand jury. ... You will not be able to escape the grand jury subpoena by simply "Pleading the 5th". In order to plead the 5th, you must actually have a valid 5th amendment privilege.

What are five protections that a person has during a criminal procedure?

The Sixth Amendment to the U.S. Constitution affords criminal defendants seven discrete personal liberties: (1) the right to a SPEEDY TRIAL; (2) the right to a public trial; (3) the right to an impartial jury; (4) the right to be informed of pending charges; (5) the right to confront and to cross-examine adverse ...

Can a person be tried for the same crime twice?

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 . . . . "

What type of plea is most similar to a guilty plea?

A "nolo contendere" plea is a lot like a guilty plea; it carries the same fundamental consequences, but not the official admission of guilt. Defendants rarely plead guilty without first reaching an agreement with the prosecution.

What's the difference between an information and an indictment?

Like a complaint, an information is an official charge document, except, it is supported with sufficient evidence after a preliminary hearing is held. An indictment is a formal charge sheet that is filed and supported by the grand jury.Mar 1, 2021

What does secret indictment mean?

A secret indictment is an indictment that is not made public until the subject of the indictment has been arrested, notified, or released pending trial. ... In America, a grand jury hears the key facts of a case to decide if there is enough evidence for someone to stand trial.7 days ago

Why do attorneys ask questions?

Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror. The attorneys will inquire about you personally, and will also ask questions about your friends, families, and acquaintances.

Is jury duty a civic duty?

Jury duty is something that makes many people nervous. The courthouse procedures, the judge sitting stoically in a black robe, and the formality of the courtroom process can be intimidating. However, serving on a jury is an important civic duty.

Why do judges need to include video in jury selection?

Committee Note: Although videos and speakers usually present these requirements to prospective jurors, judges may wish to include this information because of its importance and the increasingly common use of social media in everyday life.

Should judges ask questions to prospective jurors?

Committee Note: Judges should conduct individual questioning of prospective jurors out of the hearing of the jury panel. Before beginning, the judge should advise counsel whether they may ask follow-up questions directly to prospective jurors or must request that the judge ask specific follow-up questions.

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.

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 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 the new subdivision E-3C?

New subdivision (e) (3) (C) (iii) recognizes that it is permissible for the attorney for the government to make disclosure of matters occurring before one grand jury to another federal grand jury. Even absent a specific provision to that effect, the courts have permitted such disclosure in some circumstances. See, e.g., United States v. Socony-Vacuum Oil Co. 310 U.S. 150 (1940); United States v. Garcia, 420 F.2d 309 (2d Cir. 1970). In this kind of situation, “ [s]ecrecy of grand jury materials should be protected almost as well by the safeguards at the second grand jury proceeding, including the oath of the jurors, as by judicial supervision of the disclosure of such materials.” United States v. Malatesta, 583 F.2d 748 (5th Cir. 1978).

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.

Who signs all indictments?

The foreperson may administer oaths and affirmations and will sign all indictments. The foreperson— or another juror designated by the foreperson —will record the number of jurors concurring in every indictment and will file the record with the clerk, but the record may not be made public unless the court so orders.

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.

Why would a potential juror ignore the judge's instructions?

Similar personal experiences could cause a potential juror to ignore the judge’s instructions to decide the case based on the evidence and the law without “passion or prejudice.”. When a potential juror has had a life experience closely resembling the facts of the case, that person will likely be excused by the court.

Why do lawyers use jury selection questions?

The process of jury selection should result in a fair jury, though lawyers will often use the selection questions to make sure that jurors will be receptive to their theory of the case.

What is the purpose of voir dire?

Its primary purpose is to make sure that the jurors can listen fairly and impartially to the evidence and render a verdict in accordance with ...

Why do lawyers ask questions?

Experienced attorneys ask questions to get a sense of how a juror will respond to the evidence and arguments in the case about to be tried. In most federal courts, lawyers submit questions to the judge, who will then question the potential jurors in open court. In state courts, however, lawyers are typically permitted to question ...

What is a peremptory challenge?

By using a peremptory challenge, a lawyer can dismiss a potential juror from the case without giving any reason to the judge.

What happens if you don't use questionnaires in court?

If questionnaires are not used, lawyers or judges simply ask all of their questions in open court. Potential jurors may be questioned as a group or one at a time.

What does "for cause" mean in court?

A “for cause” dismissal means the court has agreed with at least one lawyer’s argument about the unsuitability of a potential juror (or has reached this conclusion on its own). A lawyer can raise an unlimited number of “for cause” challenges during jury selection.

Why do judges need to include video in jury selection?

Committee Note: Although videos and speakers usually present these requirements to prospective jurors, judges may wish to include this information because of its importance and the increasingly common use of social media in everyday life.

Can a judge combine witnesses?

Committee Note: Judges may combine the parties' witness lists alphabetically within each category, to avoid duplication. Judges may consider including other persons whose names may be mentioned during the trial, such as investigators and treating physicians. If witnesses have common names, judges may ask counsel to bring any available witnesses to the courtroom, to face the jury panel for possible recognition when calling their names.

Should judges ask questions to prospective jurors?

Committee Note: Judges should conduct individual questioning of prospective jurors out of the hearing of the jury panel. Before beginning, the judge should advise counsel whether they may ask follow-up questions directly to prospective jurors or must request that the judge ask specific follow-up questions.

Can a judge ask a prospective juror if they failed to answer any questions?

Committee Note: Judges may wish to question a prospective juror who failed to answer any questions affirmatively, to ascertain that person’s capacity to serve as a juror. Additional questions may be needed.

Who asks the initial questions to a witness?

The prosecutor typically asks the initial questions to that witness and then grand jurors are allowed to ask additional questions. The evidence always comes from the witnesses themselves, but the prosecutor does the initial questioning of the witnesses.

What evidence does a grand jury hear?

Typically, grand juries hear only the evidence provided by prosecutors to establish probable cause, but McCulloch has said that the Wilson grand jury would be given the amount of evidence that is typically presented at a trial.

How many votes are needed for a true bill?

After jurors decide that they have heard enough evidence, they will deliberate and then vote. Prosecutors are not present during that process. Nine votes are required for an indictment, which is referred to as a “true bill.”. A failure to reach nine votes is referred to as a “no true bill.”.

When does the Wilson grand jury expire?

The Wilson grand jury’s term, which began in May, was set to expire Sept. 10 , but it has been extended by court order up to Jan. 7. For the bulk of their term, the grand jury was hearing a series of cases presented to them by St. Louis County Prosecuting Attorney Robert P. McCulloch’s office.

Who is Jeremy Kohler?

Jeremy Kohler is an investigative reporter for the St. Lo uis Post-Dispatch. Debra Penson, of St. Louis, joins others protesting outside the Buzz Westfall Justice Center in Clayton on Wednesday, Aug. 20, 2014. Demonstrators demanded justice in the police shooting of Ferguson teenager Michael Brown on Aug. 9.