Virginia Grand Jury Instruction is a set of guidelines that provide legal instructions to a grand jury during the criminal investigation process in the state of Virginia. A grand jury is a group of citizens selected to determine whether there is enough evidence to bring criminal charges against an individual. These instructions help grand jurors understand their responsibilities, the legal standards they must follow, and the procedural requirements they need to adhere to. In Virginia, there are different types of grand jury instructions based on the specific legal aspects they cover. Some key types include: 1. Virginia Grand Jury Instruction on Determining Probable Cause: This instruction focuses on assisting grand jurors in understanding the concept of probable cause. It outlines the legal criteria that must be met to establish probable cause to indict a person. This instruction helps the grand jury evaluate evidence and determine whether it is sufficient to support criminal charges. 2. Virginia Grand Jury Instruction on Presentation of Evidence: This instruction provides guidance to grand jurors on the different types of evidence they can consider during the proceedings. It educates them on the admissibility of evidence and the proper evaluation process. This instruction emphasizes the importance of considering only legally obtained evidence and avoiding any reliance on hearsay or unreliable sources. 3. Virginia Grand Jury Instruction on Secrecy: This instruction highlights the importance of maintaining the grand jury's secrecy. It explains why maintaining confidentiality is crucial to protect witnesses, prevent tampering with evidence, and ensure a fair investigation. Grand jurors are instructed to refrain from discussing the proceedings outside the grand jury room, ensuring that their deliberations are conducted in a secure and confidential manner. 4. Virginia Grand Jury Instruction on Witness Testimony: This instruction provides guidance on the examination of witnesses during grand jury proceedings. It instructs grand jurors on how to question witnesses effectively and how to evaluate witness credibility. This instruction ensures that grand jurors have a clear understanding of their role in assessing witness testimony and determining its reliability. 5. Virginia Grand Jury Instruction on Indictment: This instruction guides grand jurors through the process of drafting and issuing an indictment. It outlines the elements that must be present in an indictment, such as identifying the accused, specifying the offense committed, and providing the necessary details to support the charges. This instruction ensures that grand jurors follow the correct legal procedures when drafting and issuing an indictment. In summary, Virginia Grand Jury Instructions encompass a range of guidelines designed to educate and inform the members of a grand jury about their responsibilities, legal standards, and procedural requirements. These instructions play a significant role in ensuring a fair and just criminal investigation process in the state of Virginia.
Virginia Grand Jury Instruction
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If probable cause is found, the case is certified (sent) to the grand jury. If the grand jury also finds probable cause, an indictment is returned. Following indictment, the accused is arraigned; that is, the charges are read and the accused enters a plea of guilty, not guilty, or nolo contendere (no contest).
A regular Grand Jury is composed of from five to seven citizens of a city or county, summoned by the Circuit Court of that city or county, to consider bills of indictment and to hear witnesses and determine whether there is probable cause to believe that a person accused of having committed a serious crime did commit ...
A regular grand jury shall consist of not less than five nor more than seven persons.
The purpose of a jury charge is to "educate the decision-maker so that it will make an informed decision, not to tell the decision-make what decision to make". An instructing judge "must set out in plan and understandable terms the law that the jury must apply when assessing the facts".
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.