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If your testimony could be conceivably used to prosecute you, even if such prosecution would not be meritorious, you can invoke the fifth.
The Constitution of the State of South Carolina states that the grand jury panel will be made up of eighteen members; at least twelve of the eighteen must be present and in agreement before the grand jury can return an indictment or presentment to the court.
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.
Persons 65 years of age or older who wish to be excused. The primary caretaker of a disabled person or a person age 65 or older who cannot care for himself. Persons with legal custody and duty of care of a child under the age of seven and who cannot provide adequate childcare while serving as a juror.
Prosecutors typically subpoena witnesses to appear before a grand jury because either: a prosecutor believes that a witness has information about a crime committed by a third party and wants to elicit that information to secure an indictment against the third party, or.
Although Rule 6(e) and the first amendment permit grand jury witnesses to divulge the substance of their testimony outside the courtroom, the practice of imposing secrecy obligations on witnesses continues, thus increasing prosecutors' control over grand jury proceedings.
The protection of whistleblowers is one of the primary reasons for the confidential nature of the grand jury's work. Grand juries may charge public officials of "willful or corrupt misconduct in office." The accusation is tried as if it were an indictment, and may not be dismissed for political or extra-legal motives.
Prosecutors typically subpoena witnesses to appear before a grand jury because either: a prosecutor believes that a witness has information about a crime committed by a third party and wants to elicit that information to secure an indictment against the third party, or.