Topics on this Page
·
·
PART I - NATURE OF THE GRAND JURY
o
Types
o
Function of a Regular Grand Jury
o
Functions of a Special Grand Jury
o
Importance of the Grand Jury
o
Origin
o
The Preliminary Criminal Process
·
PART II - THE REGULAR GRAND JURY
o
Oath
o
Determination to Indict or Not
o
Secrecy
·
PART III - THE SPECIAL GRAND JURY
o
Function of a Special Grand Jury
o
Special Investigative Personnel
o
Findings
o
Report
o
Secrecy
·
PART IV - MULTI-JURISDICTION GRAND JURY
o
Function of a Multi-Jurisdiction
·
GENERAL INFORMATION FOR INDIVIDUALS WITH DISABILITIES
o
This handbook
is intended for citizens who have been selected as members of the Grand Jury
and are about to report to the court to perform their duties. It does not
purport to be a complete statement of the law affecting the Grand Jury and its
work. The court itself is the sole authority in its charge to the Grand Jury
and in any later instructions, as to these governing principles of law. This
handbook merely attempts to give a Grand Juror an understanding of the general
nature of his functions, with some practical suggestions as to how best he can
carry them out.
In order that
each Grand Juror may perform his or her duties as intelligently and efficiently
as possible, it is suggested that the contents of this handbook be studied
carefully before the term of service begins. Also, this handbook should be kept
available for ready reference during the period of service.
There are
three types of Grand Juries - Regular, Special and Multi-Jurisdiction. A
Regular Grand Jury is convened at each term of the Circuit Court of each city
and county, to attend to the usual matters needing Grand Jury action. On
infrequent occasions a court will convene a Special Grand Jury to investigate
some particular matter. Multi-Jurisdiction Grand Juries involve more than one
jurisdiction and are primarily used to investigate drug law violations.
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
the crime and should stand trial at a later date. The Court may summon up to
nine people to ensure a sufficient number.
The Grand
Jury does not hear both sides of the case and does not determine the guilt or
innocence of the accused person. This is determined by a "petit (trial)
jury" if and when the accused is tried later. The Grand Jury only
determines whether there is probable cause that the accused committed the crime
and should stand trial.
A Special
Grand Jury is composed of from seven to eleven citizens of a city or county,
summoned by a Circuit Court to investigate and report upon any condition which
tends to promote criminal activity in the community or by any governmental
authority, agencies, or the officials thereof.
If a majority
of the regular grand jurors so request, and if the judge finds probable cause
to believe that a crime has been committed which should be investigated by a
special grand jury, a special grand jury must be empanelled to be
composed of the grand jurors so requesting and willing and such additional
members as are necessary. If a minority so requests, a Special Grand Jury may
be empanelled.
The function
and duties of a Special Grand Jury are set forth in detail in Part III of this
Handbook.
As Harlan Fiske Stone, late Chief Justice of the United
States
Supreme Court, said:
·
Jury service is one of the highest duties of citizenship, for by
it the citizen participates in the administration of justice between man and
man and between government and the individual.
·
In time of peace a citizen can perform no higher public duty than
that of Grand Jury service. No body of citizens exercises public functions more
vital to the administration of law and order.
The Grand Jury is both a sword and a shield of
justice-a sword, because it is a terror of criminals; a shield, because it is a
protection of the innocent against unjust prosecution. No one can be prosecuted
for a felony except on an indictment by a Grand Jury. With its extensive
powers, a Grand Jury must be motivated by the highest sense of justice, for
otherwise it might find indictments not supported by the evidence and thus
become a source of oppression to our citizens, or on the other hand, it might
dismiss charges against those who should be prosecuted.
The Grand
Jury had its origin more than seven centuries ago in
These two
functions are carried forward today in the work of the Grand Jury, and its
importance in controlling the start of prosecutions for serious crimes is
recognized in both the Constitution of the United States and the Constitution
of Virginia.
(a)
Initial Proceedings.A person suspected of having committed a crime
is usually arrested and charged in a written accusation called a Warrant or
Summons.
Crimes of a
serious nature are classified as "felonies," which are punishable by
confinement in the penitentiary. Crimes of a less serious nature are classified
as "misdemeanors," and are punishable by confinement in jail for a
period not to exceed twelve months and/or by a fine not to exceed $2,500.
A person held
on a Warrant is brought to trial in a District Court. The trial is conducted
before a judge without a jury. (1) If the judge determines that the accused is
not guilty of any criminal offense, he or she dismisses the case. (2) If the
judge determines that the accused is guilty of a misdemeanor only, the judge
will assess the punishment. (3) If, however, the judge determines that a felony
may be involved, the judge will certify (send) the case to the Circuit Court
for presentation to a Regular Grand Jury to determine whether there is probable
cause to believe that a felony has been committed by the accused person. This
procedure is used because a District Court has no authority to try a person for
a felony.
The District
judge will fix the terms on which the accused may be released on bail while
waiting for action on the case in the Circuit Court.
(b) Bills
of Indictment.After a case has been certified to the Circuit
Court, the Commonwealth's Attorney will prepare a written document called a
"bill of indictment," in which the accused is charged in a legal and
formal manner with having committed a specified felony.
As will be
described in greater detail later in this handbook, it is this "bill of
indictment" that the Regular Grand Jury considers to determine if probable
cause exists to require that the person accused stand trial at a later date in
the Circuit Court.
(c) Misdemeanors.A Grand Jury usually does not deal with
minor crimes (misdemeanors) nor with traffic offenses. Prosecution of these
offenses usually is begun by the police or the Commonwealth's Attorney on a
Warrant or a Summons. Indeed, were this not so, a Grand Jury would be so
overloaded with the volume of such complaints that it could not perform its
more important duties.
A Grand Juror
must have been a resident of Virginia for at least one year and a citizen of
the city or county in which he or she is to serve for at least six months, and
must be "eighteen years of age or older, of honesty, intelligence and good
demeanor and suitable in all respects to serve" as a Grand Juror.
Each year the
judge of the Circuit Court of each city and county selects at least sixty and
not more than one hundred and twenty citizens from the city or county to serve
as Grand Jurors during that year.
Not more than
twenty days before the beginning of the term of court, the Clerk of the Circuit
Court summons from the Grand Jury list, not less than five nor
more than nine persons to serve as Grand Jurors for that term of court. The
judge may dismiss several jurors to assure a jury of not more than seven.
The Clerk
directs the sheriff to summon the persons
selected to appear at the court on the first day of the term to
serve as Grand Jurors for that term.
Any person
who has legal custody of a child 16 years of age or younger or of a person
having a mental or physical impairment requiring continuous care during normal
court hours, any mother who is breast-feeding a child, any person over 70 years
of age, any person whose spouse is summoned to serve on the same jury panel, any
person who is the only person performing essential services for business,
commercial or agricultural enterprise without which the enterprise would close
or cease to function, a mariner actually employed in maritime service, and
several categories of legislative branch employees during specified times must
be excused from jury service upon request.
If you are
exempt from jury service for either of the foregoing reasons or, if you have
some other good reason to be excused from Grand Jury service, you should contact
the judge of the Circuit Court to which you have been summoned immediately and
in person (or if the judge is not available, contact the Clerk of that Court). DO
NOT WAIT UNTIL THE DAY ON WHICH YOU HAVE BEEN SUMMONED, because if you are
excused, this may cause serious inconvenience to the court and a delay in the
administration of justice while another Grand Juror is procured.
Your service
as a Grand Juror ordinarily will require only part of one day. In view of the
high privilege of service as a Grand Juror and of the importance of the public
service rendered, you should not ask to be excused unless it is absolutely
necessary.
You will
report for service at the courtroom of the Circuit Court to which you have been
summoned on the date and at the hour stated in the summons.
The Clerk of
the Circuit Court will call your name and you will take your place in the jury
box (the name applied to the area at which jury chairs are located).
The judge
will appoint one of you to be Foreman (your presiding officer). The Foreman
will then be sworn in under an oath that states your important powers and
responsibilities. The remaining members of the Grand Jury are then sworn to
observe the conditions of the same oath.
The oath taken
by each Grand Juror is as follows:
To
"diligently inquire" means to make an honest and earnest
consideration of all the circumstances involved in the matter, and a common
sense decision based upon the facts.
Your oath
requires you to be impartial (fair to both sides)-the foundation of justice and
equality.
The
requirement for "truthfulness" is a pledge of honesty in the
performance of your duties.
If you follow
the conditions of your Oath of Office, you will have met your full requirement
as a member of the Grand Jury, and you will have performed your
responsibilities in accordance with the law.
After you
have been sworn, the judge will address you formally, and in greater detail, as
to how you are to perform your duties and responsibilities. This address is
called "The Charge to the Grand Jury." This Charge, plus any other
instructions given to you by the judge, together with your Oath, are your controlling guides. After receiving the Charge to
the Grand Jury, you will be escorted to the Grand Jury Room, where you will
receive the bills of indictment you are to consider, and you will hear witnesses
in the cases brought to your attention.
(a) Quorum.A Regular Grand Jury consists of not less than
five members. At least four must concur (agree) in returning "A True
Bill" on an indictment.
Should an
emergency arise necessitating the absence of a Grand Juror, the Grand Jury
should cease deliberations while this fact is reported to the judge.
Business of
the Grand Jury should be conducted only when all members are present in the
jury room. If it is necessary for a member to be temporarily abesent, a recess should be declared by the Foreman until
the member rejoins the group.
(b)
Hearing Witnesses.The bills of indictment you are to consider will
be delivered to you. It is your duty to determine if probable cause exists to
require the person accused of a crime in a bill of indictment to stand trial.
You will determine this from the testimony of witnesses.
The names of
available witnesses in a given case will appear on the bill of indictment.
These witnesses will have been sworn by the judge to tell the truth while they
are in the jury room. You will notify the judge when you are ready to call a
witness.
If any person
who is not listed on the bill of indictment, or is listed but not called to
testify by the Grand Jury, wants to testify he or she must obtain permission
from the judge. Even then, the Grand Jury may refuse to hear this testimony
unless the judge orders that it be heard.
Witnesses
should be examined one at a time. There is no set manner in which a witness is
examined. One appropriate way is for the Foreman to ask the witness to tell
what he or she knows about the charge against the accused, after which
questions may be asked of the witness by any member of the Grand Jury if
additional testimony is desired.
All questioning
should not show any viewpoint on the part of the questioner.
It is not
necessary to call or hear every witness listed on the bill of indictment, to
approve it ("A True Bill"). It is only necessary to hear as many (one
or more) as it takes to satisfy four members of the Grand Jury that probable
cause exists to require the party accused to stand trial.
On the other
hand, a bill of indictment should not be disapproved ("Not a True
Bill"), unless every witness listed on the bill of indictment who is
available has been examined.
(c)
Witness Refusal to Testify.If a witness refuses to answer a question, the
Grand Jury should not press the question or attempt on its own to compel an
answer. The reason for the refusal by the witness may involve the technical issue
of whether the question asked violates this witness's constitutional privilege
against self-incrimination. If the jury desires to press the matter further,
the question should be written out on a sheet of paper, a recess declared, and
the matter reported to the judge orally in open court, whereupon the judge will
determine if the witness is compelled to answer.
(d)
Accused as a Witness.The accused person named in the bill of
indictment will not be listed as a witness, nor will any witnesses favorable to
him probably be listed. This is because the Grand Jury does not determine the
guilt or innocence of the accused, but only determines whether the testimony of
the witnesses produced by the State establishes probable cause to require the
accused to stand trial.
If an accused
desires to testify, he or she must obtain permission from the judge, who will
tell the accused of the privilege against self-incrimination. And even if the
judge permits her or him to testify, the Grand Jury may refuse to hear the
testimony unless it is ordered to do so by the judge.
As has been
repeatedly stated, the Grand Jury does not sit to determine the guilt or
innocence of the accused. The function of the Grand Jury is to determine
whether there is probable cause to require the accused to stand trial.
Only members
of the Grand Jury are in the jury room while it is deliberating and voting.
When the
Grand Jury has heard all necessary or available witnesses in a given case, the
Foreman will ask the members to discuss and vote on the question of whether or
not "A True Bill" should be found on the charge. Every Grand Juror
may now comment on the sufficiency of the evidence and express an opinion on
the matter.
After each
member who desires to speak has been heard, the Foreman will call for a formal
vote to find out if there are the required number of
four affirmative (yes) votes.
An indictment
may be found "A True Bill," only upon the affirmative vote of four or
more members of the Grand Jury.
If there are
enough affirmative votes in favor of finding an indictment, the Foreman will
endorse (write) the phrase "A True Bill" on the back of the bill of
indictment and sign it.
If there are
insufficient affirmative votes, the Foreman will endorse the phrase "Not a
True Bill" and sign it.
After all the
bills of indictment have been considered, the judge will ask if any memberof the GrandJury believes
that a Special Grand Jury should be called to investigate any condition which
tends to promote criminal activity in the community or by any governmental
authority, agency or official.
This power
should be used with extreme caution, because it can be a weapon of oppression.
It should not be used upon gossip or rumor. On the other hand, if there is a
rational basis to believe that any such condition exists the Regular Grand Jury
should report its view to the judge.
After all of
the bills of indictment have been considered and the Grand Jury has determined
if it wants to report on any special matter, it will inform the judge that it
has ended its deliberations. It will then present its findings in open court.
This will be done by the Clerk of the court reading the names of the accused
persons and, after each name, reading the words "A True Bill" or
"Not a True Bill" as endorsed on the indictment by the Foreman of the
Grand Jury.
To keep the
Grand Jury free from any pressure from the State,
If, however,
members of the Grand Jury have questions about their duties, they may ask the
Commonwealth's Attorney for advice.
Except for
these two cases, if a Commonwealth's Attorney appears in the Grand Jury Room
while the Grand Jury is there, any indictment returned "A True Bill"
by the Grand Jury is invalid (no good). Therefore, while a Grand Jury may
request the appearance of the Commonwealth's Attorney to testify as a witness
or to explain some principle of law about the discharge of their duties, they
cannot seek his advice as to whether they should return an indictment as
"A True Bill. " If a Grand Jury finds that it is in need of advice as
to its duties but doesn't know if it can invite the Commonwealth's Attorney
into the Grand Jury Room to explain, it should notify the judge that it desires
further instructions, and it will receive such instructions in open court.
The law
provides that "every member of a regular or special grand jury must keep
secret all proceedings which occurred during sessions of the grand jury."
The secrecy
of Grand Jury proceedings is important because:
The Grand
Jury is an independent body answerable to no one except the judge. No inquiry
may be made to learn what a Grand Juror said or how he or she voted. The
secrecy surrounding Grand Jury proceedings is one of the major sources of this
protection. The law gives Grand Jurors complete immunity for official acts
within their authority as Grand Jurors, regardless of the result of an
indictment found by the Grand Jury.
Witnesses
summoned to testify before the Grand Jury are present frequently at personal,
business or official inconvenience.
They
sometimes come from a distance. Police officers often are called on their
"off hours. " It is important, therefore, that the business of the
Grand Jury be carried on in an expeditious manner-not too slow but not too
fast. Some cases may require only one witness and take only a few minutes;
others will require much more attention.
The following
suggestions are offered to assist you in carrying out your duties in a fair and
expeditious manner.
Pay close
attention to the testimony of the witnesses. The reputation or freedom of
someone depends on what is being told.
Be courteous
to the witnesses and do not cut off their testimony unless it becomes
needlessly repetitious.
Listen to the
opinions of your fellow jurors, but do not be a rubber stamp. On the other
hand, do not try to monopolize the hearing or the deliberations. Be
independent, but not stubborn.
Express your
opinion, but don't be dictatorial. You may try to persuade other jurors, but do
not try to force them to change their minds. After all, they may be right and
you may be wrong.
Each juror is
entitled to be satisfied with the evidence before being called upon to vote.
Although your mind may be made up, if others wish to pursue the matter further,
do not try to shut off additional testimony or deliberation.
Do not keep
silent when the case is under discussion, and then begin to talk about it after
the vote is taken.
Do not
discuss cases with your fellow Grand Jurors outside the jury room.
Maintain
dignity in the proceedings at all times. Moderation and reason, rather than
emotion and passion, lead to justice.
The State
does not compensate (pay) Grand Jurors in proportion to the valuable service
they render. There are several reasons for this. One thing to be avoided is the
so-called "professional juror"-a person, usually unemployed, who
welcomes (and sometimes even solicits) jury duty solely for the compensation
and with little or no regard for civic responsibility. Another reason is the
cost to the taxpayer. When one recalls that Grand Juries meet in every city and
county in the State from four to twelve times a year, it is readily seen that a
large expense could result.
While the
State hopes that Grand Jurors will serve as a matter of public pride and civic
duty, it does not want Grand Jury duty to be a financial cost to the Grand
Juror. The law provides for the compensation of Grand Jurors for each day of
attendance. The amount of this compensation is changed from time to time by
action of the General Assembly. Each Grand Juror should report attendance and
mileage to the Clerk of Court.
As has been
set out in Section 3, a Special Grand Jury is composed of from seven to eleven
citizens of a city or county, selected by the Circuit Court and summoned to
investigate any condition which tends to promote criminal activity in the
community or by any governmental authority, agency or official.
The Special
Grand Jury, composed entirely of private citizens, is the one non-political
body with legal authority to make such investigations.
While the
function and powers of the Special Grand Jury and those of the Regular Grand
Jury differ, many of the observations made earlier concerning the Regular Grand
Juty are applicable to the Special Grand Jury. Some
of these are its Importance (see Section 4); Origin (see Section 5);
Qualifications (see Section 7); Oath (see Section I 1); Secrecy (see Section
19); Protection (see Section 20); and Practical Suggestions (see Section 21).
Other similarities will be noted later.
The
responsibility of a Special Grand Jury ordinarily will be to investigate a
narrow special condition believed to exist in the community. On the one hand,
its duty is to make a full and complete investigation and report on that
condition; on the other hand, it is not convened to go on a fishing expedition
with respect to other possible illegal conditions which may exist. If during
the course of its authorized investigation, some other illegal condition comes
to light which the Special Grand Jurors feel needs investigation, the Special
Grand Jury should call attention to it in its report.
The
investigation is to ascertain whether alleged criminal or corrupt conditions
exist under present law. The investigation is not to determine if the law is
good or bad, or if it needs to be changed. It is possible, indeed, that as a
result of the investigation, the law may need to be changed, but that is a
legislative matter and a conclusion for the General Assembly of Virginia to
make.
There are no
time limitations on an investigation by a Special Grand Jury. The complexity of
the condition being investigated will dictate the length of time needed.
Any citizen
or group of citizens may ask the Circuit Court of a city or county to convene a
Special Grand Jury. Frequently, the Commonwealth's Attorney will make the
request. Also, as noted in Sections 3 and 18, the request may come from a
Regular Grand Jury.
If the judge
of the Circuit Court decides that a Special Grand Jury should be convened, he
or she will select the names of those to serve, and they will be summoned to
appear at a specified time. What was said in Section 9 regarding Exemptions and
Excuses from Grand Jury duty is the same for Special Grand Jury service.
On the day
appointed, the Judge will swear in the Special Grand Jury and will then charge
it with the subject it is to investigate. The Judge will appoint onc of those selected to serve as Foreman.
The Special
Grand Jury is now ready to begin its work.
If the
Special Grand Jury was convened at the request of the Attorney for the
Commonwealth, he may be present at all times during the investigatory stage of
the proceedings. If the Special Grand Jury was convened at the request of
someone else, the Attorney for the Commonwealth may be present only if
requested by the Special Grand Jury.
In either
event, if the Attorney for the Commonwealth is present, he or she may question
witnesses only if the Special Grand Jury requests or consents to such
questioning.
The Attorney
for the Commonwealth shall not be present, however, at any time while the
Special Grand Jury is discussing or evaluating the testimony of a witness among
themselves or while the Special Grand Jury is deliberating in order to reach a
decision or prcpare its report. However, he or she
may be present during this period if legal advice is requested by the Special
Grand Jury. The Grand Jurors should not permit the Commonwealth's Attorney,
while he or she is giving legal advice, to join in any determination by them of
the weight to be given to the testimony of a witness.
The foregoing
limitations are in the law to insure the complete independence of the Special
Grand Jury and to protect it against any undue influence from an official of
the Commonwealth.
At the
request of the Special Grand Jury, the judge may appoint special counsel to
assist it in its work.
The Special
Grand Jury may call upon any state or local agency or officer to assist it in
its investigation. The type of condition being investigated will dictate the
type of investigative personnel needed. If required, the Special Grand Jury may
request the judge to provide other specialized personnel to assist it in the
investigation.
A court
reporter will record and transcribe all oral testimony given by witnesses
before the Special Grand Jury. The transcript is for the sole use of the
Special Grand Jury and its contents must not be revealed by anyone.
In a lengthy
investigation it would be difficult to rememberexactly
whatearlier witnesses said, so it is appropriate for
the Special Grand Jury to have a transcript (written record) of all testimony
available to which it may refer during iater stages
of its work.
The Special
Grand Jury may have a summons issued ordering a person to appear before it to
testify and to produce specified records, papers and documents for examination
by the Special Grand Jury. Any desired papers or records must be described with
reasonable accuracy in the summons. The Special Grand Jury is not engaged in a
witch hunt or a fishing expedition hoping that a document may turn up; it must
have a reasonable belief that a particular record, paper or document does, in
fact, exist.
When a
summons is desired, the Special Grand Jury may notify the Clerk of the Circuit
Court, giving the Clerk the name (and address if known) of the person to be
summoned, the date and hour set for his appearance, and if papers are desired,
a description of them.
Before
witnesses testify, they must be advised by the Special Grand Jury Foreman that:
Witnesses
appearing before a Special Grand Jury have the right to have counsel of their
own present when testifying. Such counsel shall have the right to consult with
and advise the witness during the examination, but the counsel does not have
the right to conduct an examination of his or her own witness, unless, the
Special Grand Jury requests or permits it.
After the
witness has been given the warnings set forth in Section 32, the Foreman will administer
the following oath to the witness (an affirmative answer is required):
Do you
solemnly swear (or affirm) that the evidence you are about to give before the
Grand Jury is the truth, the whole truth, and nothing but the truth, so help
you God?
If the
Special Grand Jury was convened at the request of the Commonwealth's Attorney,
he or she will have a list of the witnesses to present. It would be
appropriate, therefore, for the Special Grand Jury to invite the Commonwealth's
Attorney to examine these witnesses. After this examination, members of the
Special Grand Jury should then ask any further questions of the witness that
are appropriate.
If the
Special Grand Jury was convened at the request of someone other than the Commonwealth's
Attorney, the Special Grand Jury may still ask the Commonwealth's Attorney to
be present and conduct the examination, or the Special Grand Jury may request
the judge to designate special counsel to assist it and to conduct the
examination, or the Special Grand Jury may conduct the examination itself
without aid of counsel.
If
examination of a witness leads the Special Grand Jury to believe that the
testimony of other witnesses may be desirable, a request for a summons for such
other witnesses should be made to the Clerk of the Circuit Court as specified
in Section 31 of this Handbook.
The
questioning of a witness should not indicate any viewpoint on the part of the
questioner.
If a witness
refuses to answer a question, the Special Grand Jury should follow the
procedures specified in Section 13 (c) of this handbook.
After all
witnesses have been heard, the Special Grand Jury is now ready to deliberate
and make its findings on the matter submitted to it by the court. Only the
members of the Special Grand Jury are to be present during this stage of the
proceeding, unless at intervals the Special Grand Jury desires the temporary
presence of the Commonwealth's Attorney or Special Counsel to advise it on some
legal matter.
Again it
should be emphasized that the Special Grand Jury has been convened to
investigate and report its findings on some specific isolated condition
believed to exist in the community. Its findings and recommendations, if any,
should relate specifically to the subject committed to it. It is not involved
in a general moral crusade.
At the
conclusion of its investigation and deliberation, a Special Grand Jury
impaneled by the court or on recommendation of a Regular Grand Jury shall file
a Report of its findings with the court, including any recommendations that the
Special Grand Jury deems appropriate, including any finding that a person ha
committed a criminal offense, with or without a recommendation that such a
person be prosecuted. It is then the duty of the Commonwealth's Attorney, after
the Report of the Special Grand Jury, to determine whether a prosecution should
begin, and if so, to present a bill of indictment to a Regular Grand Jury. A
Special Grand Jury convened at the request of the Commonwealth's Attorney may
return a "true bill" of indictment upon the testimony of or evidence
produced by any witness who was called by the grand jury, if a majority of not
fewer than five of the members of the Special Grand Jury agree.
Findings
should be findings of facts which the Special Grand Jury reasonably believes to
exist. It is entirely possible that several or many of such facts are to be
considered by the Special Grand Jury and that a vote needs to be taken on each
such fact. A majority vote in the affirmative on each such fact is necessary to
include it in the Report the Special Grand Jury will make to the court.
While no
particular procedure need be followed, one way to proceed would be for
individual members to submit to the Foreman such findings as he or she may
think appropriate, and then the Foreman (or some member designated by him)
could prepare a list of the proposed findings, following which a vote should be
taken on each such proposed finding.
At the end of
its deliberation the Special Grand Jury must prepare a written Report of
its findings, including any recommendations it may deem appropriate. This
Report will be the finding of the majority of the Special Grand Jury.
The Court
Reporter may be used to prepare the Report.
Members who
do not agree with the findings of the majority may file a minority report on
any finding with which they disagree.
When the
Special Grand Jury is ready to file its Report, the Report should be dated and
signed by the Foreman.
After the
Special Grand Jury has completed its use of the transcripts prepared for it by
the Court Reporter, the Foreman must direct the Court Reporter to tum over to him or her all of the notes, tapes or records
from which the transcripts were made. The Foreman shall then place the
transcripts, notes, tapes, and records in a container and seal it. The date on
which the Report is filed should then be placed on the sealed container.
When the
Special Grand Jury is ready to make its Report, it should notify the judge, and
in open court hand in its Report and the sealed container.
It is highly
important that the members of the Special Grand Jury should not reveal any of
their proceedings nor any contents of their Report. Publication of the Report
itself is a matter for the court.
See section
22 of this handbook.
Multi-Jurisdiction
Grand Juries, sometimes called Multi-District Juries, are summoned to
investigate drug law violations, consider bills of indictment prepared by
special counse,l and determine whether probable cause
exists to justify returning the indictment as a "true bill" against
the accused. The Multi-Jurisdiction Grand Jury reports its findings to state
and federal prosecutors.
Like Special
Grand Juries, Multi-Jurisdiction Grand Juries are composed of not less than
seven not more than elevan members.
Multi-Jurisdiction Grand Juriy's inquires typically
focus on drug law violations which may have occured
in many different
To convene a
Multi-Jurisdiction Grand Jury, two or more Commonwealth's Attorneys from
different jurisdictions, after receiving approval from the Attorney General of
Virginia, may apply to the Supreme Court of Virginia. The term of the
Multi-Jurisdiction Grand Jury shall be twelve months but may be extended up to
an additional six months. However, the presiding judge may discharge the jurors
at any point the presiding judge believes the Multi-Jurisdiction Grand Jury is
no longer needed. The presiding judge determines the time, date and place the
Multi-Jurisdiction Grand Jury will be convened. Jurors are compensated
according to statute. The secrecy provisions also apply to Multi-Jurisdiction
Grand Juries. This type of Grand Jury has statewide subpoena power. Although
witness appearing before the Multi-Jurisdiction Grand Jury are entitled to the
presence of their attorney during the proceedings, the attorney may not
participate in the proceedings. A majority of the Multi-Jurisdiction Grand
Jurors must agree to return a "true bill" of indictment and in no instance
can the majority be less than five jurors. The "True Bill" must state
each and every jurisdiction in which the offenses occured.
Membership on
a Grand Jury, Regular or Special, is a high honor. Your service is of great
value to your fellow citizens and your time is devoted to one of the worthiest
of causes: justice.
It is hoped
that this Handbook will make your work easier, more understandable, and more
pleasant.
The court
system has adopted a policy of non-discrimination in both employment and in
access to its facilities, services, programs, and activities. Individuals with
disabilities who need accommodation in order to have access to court facilities
or to participate in court system functions are invited to request assistance
from court system staff. Individuals with disabilities (not employed by the
court system) who believe they have been discriminated against in either
employment or in access may file a grievance through local court system
officials. Those who need printed material published by the court system in
another format or who have general questions about the court system's
non-discrimination policies and procedures may contact the office of the
Executive Secretary, Supreme Court of Virginia,
This
page last modified:
·