California Grand Jury Instruction
Description
How to fill out Grand Jury Instruction?
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FAQ
The grand jury is a body of 19 citizens who are charged and sworn to investigate county matters of civil concern as well as inquire into public offenses committed or triable within the county. Grand jury duties, powers, responsibilities, qualifications and selection processes are outlined in the California Penal Code.
As stated above, the federal grand jury's function is to determine whether the person being investigated by the government shall be tried for a serious federal crime alleged to have been committed within the district where it sits.
Essentially, the grand jury may disclose matters occurring before it only to the attorneys for the government for use in the performance of their duties, but even attorneys for the government may not be informed of what took place during the grand jury's deliberations and voting.
County grand juries develop areas to examine by two avenues: juror interests and public complaints. Complaints filed by the public are kept confidential. The protection of whistleblowers is one of the primary reasons for the confidential nature of the grand jury's work.
Criminal Grand Jury proceedings require the attendance of at least twelve members as an indictment will not issue unless twelve jurors vote for it. The hearing consists of the District Attorney or Attorney General bringing in witnesses who will provide relevant testimony.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Grand Jurors are compensated fifteen dollars per day for each day's attendance as a grand juror. In addition, jurors are reimbursed for mileage.
Book of Approved Jury Instructions (BAJI) has been recognized for more than 50 years as the source for civil jury instructions in California. The instructions have been tested in court, and judges and lawyers are familiar with them.
