IBE - This is kindof long, maybe you can print it out?
http://www.lasuperiorcourt.org/jury/grandjury.htm#2Criminal Grand Jury On July 5, 2000, the Superior Court began impaneling an additional criminal grand jury, in addition to the civil grand jury. This selected criminal grand jury will be impaneled throughout the year according to the District Attorney’s needs, and shall have exclusive jurisdiction to return criminal indictments when impaneled. Such a criminal grand jury will be selected at random from the petit jury master file list in such a manner that a reasonably representative cross-section of the population that is eligible for jury service is summoned.
What Is The Los Angeles Criminal Grand Jury?
California is served by a unique system, which provides that the Criminal Grand Jury may be impaneled and empowered by law to bring indictments (which are formal charges of generally felony crimes) and also to perform criminal investigations in connection with these indictments. The Criminal Grand Jury will consist of 23 members plus a designated number of alternates.
In Los Angeles County the Criminal Grand Jury attends hearings to weigh evidence brought by the District Attorney’s Office in order to determine on the basis of this evidence whether certain persons should be charged with crimes and required to stand trial in the Superior Court. The Criminal Grand Jury is an accusatory body and not a trial jury; therefore, the burden of proof is much lower. Specifically, the Criminal Grand Jury must decide if there is a strong suspicion the individual committed the crime alleged.
What Is The Term Of Service?
Under current policy, the Criminal Grand Jury is formed monthly and the term of service should not exceed thirty (30) calendar days. You will not, however, be required to report each day. You must be available for on-call service during the thirty day period of the month to which you are summoned. If the Criminal Grand Jury is hearing an indictment on the thirtieth day, it will continue meeting until the matter is resolved. Upon conclusion of your service, you will be excused from trial and grand juror service for the next twelve (12) months.
What Are The Functions Of The Criminal Grand Jury?
The main function of the Criminal Grand Jury is to bring criminal indictments against individuals accused of committing crimes. The District Attorney or the Attorney General presents indictments to the Criminal Grand Jury. A vote of 14 or more Criminal Grand Jurors is required to return an indictment.
Who May Be On The Grand Jury?
By law a citizen eighteen years of age or older who has been a resident of the County of Los Angeles for one year immediately prior to being selected, who is a person of ordinary intelligence and of good character, and who possesses sufficient knowledge of the English language is qualified to be a candidate.
A person is not competent to act as a grand juror if any of the following apply:
(1) the person is currently serving as a trial juror or (2) has been discharged as a grand juror in any court within one year; (3) the person has been convicted of misconduct in public office or any felony or other high crimes; or (4) the person is serving as an elected public officer.
How Is A Person Chosen For The Criminal Grand Jury?
It is the intent of the Legislature that all persons qualified for jury service shall have an equal opportunity to be considered for service as criminal grand jurors in the county in which they reside, and that they have an obligation to serve when summoned for that purpose. All persons selected for the Criminal Grand Jury shall be selected at random and shall be reasonably representative of a cross section of the population that is eligible for jury service in the county. For this reason there is no mileage limitation for the Criminal Grand Jury and no excuse will be granted because of the distance from the courthouse or inconvenience to the juror.
All persons must appear if summoned. Those jurors under age 70, who have a verified medical condition or those over the age of 70 who are unable to attend the impanelment due to a medical reason may be excused by submitting a written request. All other reasons for excuse from the Criminal Grand Jury selection process must be presented to the Court when the juror appears. Additionally, all requests for postponement will be handled when the juror appears.
Criminal Grand Jury Fees And Mileage
Each member of the Criminal Grand Jury is paid $60.00 for each day’s attendance at sessions of the full Criminal Grand Jury; and for mileage at the current available rate, for each mile actually and necessarily traveled in attending Grand Jury hearings. Free parking is provided to Criminal Grand Jurors. A map to the parking lot will be provided with your summons. You will need to bring your summons with you when you appear for the first day of service to obtain free parking. Public transportation to and from a Criminal Grand Jury session will be provided, upon request, in lieu of mileage.
What Kind Of Criminal Cases Are Brought To The Criminal Grand Jury To Investigate?
Normally, felony cases are presented to a “court of lesser jurisdiction” and the judge determines if there is sufficient evidence to hold a trial. However, under certain circumstances the District Attorney may ask the Criminal Grand Jury to hear special felony cases. The Criminal Grand Jury may hear cases involving prominent public figures in order to prevent prejudicial pretrial publicity, to protect against publicity based on unfounded charges, as well as cases where victims and witnesses need to be protected. The Criminal Grand Jury rarely hears misdemeanor cases.
Additionally, during criminal investigations the District Attorney’s Office may request the assistance of the Criminal Grand Jury to subpoena needed documents or records and to question reluctant witnesses under oath. This may be true of a witness who has refused to cooperate with law enforcement investigators because he does not want to get involved, or because he is fearful of giving information except under the secret conditions of the Criminal Grand Jury hearing. A Court Reporter is present at all hearings of the Criminal Grand Jury.
Further, some witnesses agree to testify before a Criminal Grand Jury as a neutral and fair-minded body of fellow citizens not employed by law enforcement.
If an indictment is not returned, all records are kept secret and there is no publicity. Criminal Grand Jurors are forbidden to discuss their deliberations or votes with anyone outside their chambers. It is a misdemeanor for a Criminal Grand Juror to disclose any information they received in the Criminal Grand Jury chambers, until such time as the transcript of those proceedings is made public. If an indictment is returned, it is kept secret until after the suspect is arrested.
Who is the Criminal Grand Jury’s Legal Advisor?
The District Attorney’s Office serves as the legal advisor for the Criminal Grand Jury. A deputy district attorney will be available to answer questions and offer the Criminal Grand Jury legal advice. The Criminal Grand Jury may also submit questions to the Supervising Judge of the Criminal Division if necessary. Upon completion of the voir dire process and the swearing in of the Criminal Grand Jury, the deputy district attorney who serves as the legal advisor will conduct an orientation for the Criminal Grand Jury.
How Are Indictments Returned By The Grand Jury?
Criminal Grand Jury hearings are conducted in strictest secrecy. The only non-jurors who may attend the sessions are the deputy district attorney presenting the case and the court reporter. After hearing all of the evidence, the Criminal Grand Jury deliberates with no one present but Criminal Grand Jurors, and upon an affirmative vote of at least fourteen (14) members, may return an indictment. Within a reasonable time after the indictment is delivered, a transcript of these hearings is given to the persons charged.
An indictment by a Criminal Grand Jury is only accusatory and not a finding of guilt. Its standard of proof is strong suspicion; as opposed to proof beyond a reasonable doubt as required for conviction in a trial court.
