New Mexico Jury Instruction - False Declaration - Before Grand Jury
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FAQ
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.
Probable Cause: A finding of probable cause is proper only when the evidence presented to the grand jury, without any explanation being offered by the person being investigated, persuades 12 or more grand jurors that a federal crime has probably been committed by that person.
A grand jury focuses on preliminary criminal matters only and assesses evidence presented by a prosecutor to determine whether there is ?probable cause? to believe an individual committed a crime and should be put on trial. Types of Juries | United States Courts uscourts.gov ? services-forms ? jury-service uscourts.gov ? services-forms ? jury-service
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict. beyond a reasonable doubt | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? beyond_a_reasonab... cornell.edu ? wex ? beyond_a_reasonab...
A grand jury does not determine guilt or innocence. A grand jury indictment is required for all federal felonies. However, a defendant can waive the right to a grand jury indictment and have a judge make the probable cause determination at a hearing.
The requirement of a preliminary hearing before a judge or magistrate is viewed as providing the accused constitutional protection and the opportunity to challenge the evidence, protections and rights not provided in grand jury proceedings. Federal and California Grand Jury Systems - Historical Function ... ojp.gov ? ncjrs ? virtual-library ? abstracts ojp.gov ? ncjrs ? virtual-library ? abstracts
A grand jury determines whether or not to indict, which means to bring a formal, criminal charge against an individual for a felony. Grand jurors do not decide guilt or innocence. The grand jury hears evidence and determines if there is sufficient proof to support an indictment and require the accused to stand trial.
The court may instruct the jury before or after the arguments are completed, or at both times. Rule 30. Jury Instructions | Federal Rules of Criminal Procedure | US Law cornell.edu ? rules ? frcrmp ? rule_30 cornell.edu ? rules ? frcrmp ? rule_30