Grand Jury Flashcards
What amendment governs the Grand Jury?
5th Amendment - “no person shall be held to answer for a capital or otherwise infamous crime, unless on presentment or indictment by a grand jury….”.
Who must be indicted by a Grand Jury?
Capital and otherwise infamous crime (felonies) in Federal Court
Crim Pro 7: For offenses punishable by death or over a year in prison
5th Amendment
What is an Indictment?
An official decision from a grand jury that says there is enough probable cause/evidence to arrest them for the charges
If a Grand Jury decides not to indict what do they produce?
A no true bill
The Grand Jury decides there isn’t enough evidence for probably cause
What is required in an Indictment?
According to the Fed. R. Crim. Pro
- Clear and Concise statment of fact
- The charge(s)
- Signature of Prosecutor
If a defendant wanted more information than was given in the Indictment, what may they request?
If a defendant wants more information they can ask for a bill of particulars
When is a Grand Jury required for States?
State court defendants are not entitled under the constitution to a grand jury because the 5th amendment grand jury requirement is not incorporated into the 14th Am
They may get a preliminary hearing instead to show probable cause
Hurtado
What are the requirements for a Grand Jury?
That it be legally constituted and unbiased
Do courts govern the Grand Jury Proceeding?
No. Courts do not preside over a grand jury. The grand jury is accusatory not adjudicatory and the court is unlikely to step in to make changes.
What evidence practices are required in a Grand Jury Proceeding?
Little to none. There is no prohibition on hearsay evidence (Costello) or a requirement to present exculpatory evidence (US v Williams).
What types of Review do challenges to a Grand Jury receive?
Harmless Error Review or Structual Error Review
What is a Harmless Error?
Found when even though there was an error, it was harmless. The court is confident the outcome would have been the same
How does one get relief when an error undergoes Harmless error review?
Must show that the error occurred and it affected the outcome
What is a Structural Error
An error so engrained in the system that you could not simply take it out to analyse what would have happened without it
What relief is given when a Structural Error is found?
Overturned
