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Orientation To The Grand Jury
Thank you for taking time from work and family to serve with your fellow citizens through Grand Jury service. It is one of the obligations of good citizenship and we hope you will find it rewarding and interesting. COMPOSITION Your names were drawn at random from the voter rolls of the County and after qualification by the Circuit Judge, 20 were chosen to serve. This is 1 1/2 times the size a regular trial jury of 12. You are a representative cross section of the community, socially, racially, economically, from diverse backgrounds who will pass on criminal indictments and report to the County on the affairs of the Criminal Justice System. DUTIES You will review Criminal cases presented to you by the Office of the District Attorney by sworn testimony of law officers, victims and witnesses. Based on the testimony you may Indict a Defendant as charged, Indict for a lesser or greater crime, or not Indict. Indictment is called a "True Bill" and non indictment is a "No Bill." You may also refer a case to a lower Court for Misdemeanor prosecution. VOTING PROCEDURE At least 15 of the 20 members must be present to have a quorum to vote on an Indictment. At least 12 of those present must vote for Indictment to return a True Bill. Anyone who has a relationship to a party to a particular case should excuse themselves from the room during testimony and voting. Cases will be presented by the District Attorney, Assistant District Attorney or County Prosecuting Attorney, but they and all witnesses must leave the room during discussion and voting. PRESENTATION OF CASES Prosecutors will present evidence to establish jurisdiction and the elements of the crime. You do not decide the guilt or innocence of the defendant, but do decide based on the evidence, whether there is probable cause to believe that the person charged committed a crime. You may ask the prosecutor questions of law or evidence. You may accept hearsay or evidence which might not otherwise be admissible at a trial. A trial jury must unanimously agree on guilt beyond a reasonable doubt and will hear from both the prosecution or defense. They decide guilt or innocence. You only decide if the case should proceed further so that the defendant will be tried in Circuit Court.Your duty is to protect the innocent from unwarranted prosecution as much to insure that the guilty go to trial. After the Prosecutors have presented their case, you may ask the witnesses questions. If you are undecided after the presentation, you may request additional evidence or witnesses and may compel their testimony by subpoena. FOREMAN AND SECRETARY The Circuit Judge appoints your foreman. You select a secretary. The foreman acts as a chairman. He signs all true bills and must personally present them to the Judge or Circuit Clerk. The Secretary keeps a written record of the cases presented, lists the witnesses and result of votes in a book of Indictments. PROSECUTORS The District Attorney, Haldon J. Kittrell is a full time State official serving the 5 counties that make up the 15th Circuit District-Lamar, Lawrence, Marion, Pearl River and Jefferson Davis. He employs 7 Assistant District Attorney's. Your County Prosecutor is part-time elected from the County. He/She prosecutes misdemeanor cases in Justice Court and Youth Court. OTHER DUTIES Other than indictments, the Grand Jury is charged with the responsibility of the review of crime and law enforcement generally, inspection of the books and records of public officials and the condition of public buildings. You may interpret these duties broadly and may ask any public official to appear before you about any topic of public interest. You should inspect the Courthouse, public offices and jail, but may also tour any municipal buildings or local government funded facilities. You may want to divide up into committees to conduct your physical inspections. You will have a copy of the last Grand Jury report to follow up on their findings. Your final report will be prepared by you alone. The prosecutors will not participate in your deliberations or recommendations are your own. The Foreman must sign the report and it will be read aloud to the Judge and filed in the Circuit Court records. Copies are furnished to the press, all public officials and other agencies mentioned in the report. Although not binding on officials, the report is given great weight by them. By law the report may not praise any official for doing his duty, nor may it accuse any person of malfeasance unless an indictment is returned. it is intended to be an instrument of constructive criticism. You may make statements in your report about topics of public concern such as Drug Abuse, Street Gangs, Youth Crime, Violence or related topics. You may recommend follow up or a course of action to future Grand Juries. You are the Grand Jury until the next one is empanelled. You may be called back on order of the Circuit Court in rare instances. SECRECY You may not discuss the evidence presented to you whether or not you return a true bill. This is to protect the innocent and the confidentiality of identity of those indicted but not yet in custody. We hope you will enjoy your service on the Grand Jury and will find it a rewarding experience. Very truly yours, Haldon J. Kittrell |
