Presentation is loading. Please wait.

Presentation is loading. Please wait.

“Le Grande Inquest” The History and Laws of the Grand Jury System Don Barbee Jr., Esq. Clerk of Circuit Court & Comptroller Hernando County, Fl.

Similar presentations


Presentation on theme: "“Le Grande Inquest” The History and Laws of the Grand Jury System Don Barbee Jr., Esq. Clerk of Circuit Court & Comptroller Hernando County, Fl."— Presentation transcript:

1 “Le Grande Inquest” The History and Laws of the Grand Jury System Don Barbee Jr., Esq. Clerk of Circuit Court & Comptroller Hernando County, Fl

2 Origins of the Grand Jury 12 Men from every 100 Secret Accusations Prevent Escape Loyal to Monarch Fines and penalties King Henry II

3 Making it “Grand” 12 man – Accusatory Jury Becomes 23 Knights – “Le Grande Inquest” Move toward independence Focus on Fairness Shifting Loyalties King Edward III

4 Grand Juries in America “Assistants” – Legislate, Charge, Convict st Grand Jury – Charged Assistants – Growing Role 5 th Amendment - Capital Crimes

5 Powers of the Grand Jury Indictment Presentment Use of indictments in Florida

6 Impanelment When? – No more “terms of court” 1/1/14 – See How many summoned? – Admin order/past practice, Hern. = 150 (too many?) How many do we need? – 21 members max, 15 members min (quorum) – 12 votes required for indictment or presentment Disqualification?

7 The Big Day Who is present during impanelment? – Presiding Judge – State Attorney – Deputy Clerk – Live Court Reporter Electronic Court Reporter – off? – Public??? Pre-qualification (judge or clerk) Voir Dire Process – Cause Only

8 The Session Administrative Session Foreperson/Vice – Appointed by Judge – Recommendation of ASA “Clerk” appointed by Foreperson – No COC staff present in session

9 The Documents List of Grand Jurors – Confidential (313 So.2d 39) – Identity included in secrecy provisions – AGO Informal 1995 Notes (jurors & court reporters) Transcripts Testimony – Confidential (F.S )

10 More Records Issues Indictment – pre-arrest = confidential – post-arrest = public ( no redaction of foreperson – AGO ) Grand Jury Reports – Motion to Repress List of Witnesses – Statutorily required from foreperson


Download ppt "“Le Grande Inquest” The History and Laws of the Grand Jury System Don Barbee Jr., Esq. Clerk of Circuit Court & Comptroller Hernando County, Fl."

Similar presentations


Ads by Google