Indiana Grand Jury Instruction

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Multi-State
Control #:
US-00883
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Word; 
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Description

This form is a sample jury instruction wherein the court instructs the jury that the Grand Jury's indictment is not evidence of guilt but merely an accusation, and that defendant is presumed innocent. You must ascertain whether this sample instruction complies with the law in your jurisdiction.

Indiana Grand Jury Instructions are a set of guidelines or rules given by a judge to a grand jury during criminal proceedings in the state of Indiana. These instructions serve as a roadmap for the grand jury members and provide them with information about their roles, responsibilities, and how to proceed with their deliberations. The purpose of these instructions is to ensure that the grand jury carries out its duties in a fair and just manner. There are various types of Indiana Grand Jury Instructions that are provided to the grand jury depending on the specific case and legal context. These instructions may include: 1. Introduction: This instruction outlines the purpose and function of the grand jury, explaining that its primary role is to determine whether there is probable cause to believe that a crime has been committed and whether an individual should be indicted and brought to trial. 2. Powers and Authority: This instruction informs the grand jury about its powers and authority in conducting investigations, including the ability to subpoena witnesses, review evidence, and issue indictments. 3. Secrecy: This instruction emphasizes the importance of maintaining the secrecy of grand jury proceedings, explaining that all discussions, evidence, and testimonies are strictly confidential to protect the integrity of the investigation. 4. Presentation of Evidence: This instruction provides guidelines on how evidence should be presented to the grand jury, including the need to present facts, witnesses, and other relevant information to establish probable cause. 5. Burden of Proof: This instruction explains the burden of proof required to secure an indictment. It clarifies that the grand jury must find that there is enough credible evidence to establish probable cause, which is a lower standard than proof beyond a reasonable doubt required in a criminal trial. 6. Witness Testimony: This instruction outlines the procedures for witnesses testifying before the grand jury, including the right to legal counsel, the necessity to take an oath, and the potential consequences of providing false information. 7. Deliberations: This instruction provides guidance on the grand jury's deliberations, emphasizing the need for objective judgment, open discussion among members, and the requirement of a majority vote to issue an indictment. These are some main types of Indiana Grand Jury Instructions that are commonly provided to grand juries. Each instruction aims to ensure that the grand jury is fully informed, adheres to legal principles, and conducts its proceedings with fairness and impartiality.

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FAQ

Proper attire showing respect for the court ie: slacks, jeans, shirts, dresses, etc. without holes; no shorts or tank tops.

A constant criticism of the grand jury system is that the jurors lack legal knowledge, so they cannot decide if there is enough evidence for an indictment.

Answer: Generally, Indiana statutes don't provide for any exemptions from jury service. There are two exceptions. The first permits individuals who are 75 years of age or over to claim an exemption under IC 33-28-5-18(d), effective for jurors serving on or after January 1, 2010.

The petit jury listens to evidence offered during a trial and returns a verdict. A verdict in a civil case may be a finding for the plaintiff or for the defendant. A verdict in a criminal case finds the defendant guilty or not guilty. Grand Jury: A grand jury hears only criminal matters.

Indiana Jury Rule 7 permits the judge or judge's designee to authorize deferral of jury service upon a showing of hardship, extreme inconvenience, or necessity. Generally, courts do not require you to appear in court to request a deferral.

A grand jury helps determine whether to bring charges against a suspect, while trial jurors render a verdict at the trial itself. Put differently, a grand jury hands down an indictment at the beginning of a criminal case. A trial jury decides guilt or innocence at the end of the trial.

In its charging capacity, a grand jury makes the initial determination about whether there is enough evidence to constitute probable cause that a crime has been committed and to charge a person or organization with that crime. A grand jury does not determine guilt or innocence.

Whats the difference between a jury and a grand jury? A jury listens to the evidence and gives a verdict, and a grand jury listens to the charges against a suspect and evidence to decide whether or not its enough to bring to trial.

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These rules shall govern petit jury assembly, selection, and management in all courts of the State of Indiana. Rules 2 through 10 shall govern grand jury ... During this stage, the law requires the State to introduce enough evidence to convince you beyond a reasonable doubt that the defendant is guilty of the crimes ...JURY INSTRUCTION NO 2. These Instructions are in writing and I will send them to the jury room for your use as you deliberate upon your verdict. (b) The court shall instruct the jurors before opening statements that until their jury service is complete, they shall not use computers, laptops, cellular ... Any party requesting a trial court to give any instruction from the Indiana Pattern Jury Instructions (Criminal)/Indiana Model Jury Instructions (Civil) ... The instructions are designed to inform jury members of their duties and responsibilities and to educate them in what they need to know to reach a decision in a ... Dec 11, 2016 — The purpose of a grand jury is to hear and examine evidence concerning crimes and to take action with respect to this evidence as provided by ... (a) A grand jury shall consist of six (6) grand jurors and one (1) alternate and may be impaneled by the circuit court or a superior court with criminal ... IJA President, Floyd Circuit Court Judge J. Terrence Cody explained, “The Judges Association is proud to complete this project for Indiana judges and attorneys. A plain English version of the Indiana civil jury instructions drafted by Indiana judges.

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Indiana Grand Jury Instruction