Ala. Pattern Jury Instr. (Criminal) GENERAL_JURY_INSTRUCTIONS

I.1. GRAND JURY

Ladies and Gentlemen of the Grand Jury:

You have been selected to perform a very important function in the criminal justice system

of this county. Thank you for your willingness to serve.

I. EXPLANATION OF DUTIES

Before you can function as a Grand Juror, the law requires that I inform you of your

duties.

A. INVESTIGATE ALL OFFENSES

First, you shall investigate all public offenses which were committed or may be

tried in this county. If any grand juror knows or has reason to believe that an

offense has been committed, then that juror shall disclose it to the other grand

jurors who may investigate it. A public offense is any act or omission forbidden

by law and punishable as provided by law. There are two kinds of offenses:

felonies and misdemeanors.

Felonies are offenses which may be punished by death or imprisonment for

more than a year. All other offenses are misdemeanors.

As to felonies, whenever the legal evidence received by a Grand Jury

establishes probable cause to believe that a felony has been committed and that

a particular person has committed that offense, then the Grand Jury must return

a true bill of indictment.

With regard to misdemeanors, you are not required to indict where no

prosecuting witness appears, unless you determine it is necessary for the public

good.

1. SPECIFIC OFFENSES

The Code of Alabama has many offenses. I am required to mention these

specifically:

a. Laws regulating the ownership, registration and carrying of

weapons;

b. Election laws;

c. Manufacturing or selling of intoxicating liquors laws;

d. Game and fish laws; and

e. Law prohibiting corporations from contributing to campaign funds.

You should indict for the violation of these laws, as well as other offenses, if in

your opinion the evidence justifies an indictment.

2. LEGAL EVIDENCE

In your investigation of a charge, you can receive no other evidence than that

given by the witnesses before you or furnished by legal documentary evidence.

All investigations shall be made according to the rules of evidence. The evidence

must be competent, legal evidence. You must not indict on mere reports,

suspicion or hearsay.

3. CONCURRENCE OF 12 JURORS

At least 12 of you must agree before you can indict. If that happens, the

indictment must be endorsed “a true bill” and signed by the foreperson.

B. PERFORM INSPECTIONS AND EXAMINATIONS

Second, you are to perform certain inspections and examinations. The law

specifically states you shall do the following:

1. Determine at least once annually the condition of the county jail [and the

juvenile detention facility] in regard to its sufficiency for the safekeeping of

prisoners and their accommodation and health, and inquire into the

manner in which the jail has been kept since the last determination. You

may personally inspect the jail and review all inspection records of the jail.

If you find the jail is not constructed in the manner prescribed by law and

so strongly and securely built as to prevent the escape of prisoners and

properly ventilated, then you shall present your findings to the district

attorney, sheriff and county commission for appropriate action.

2. Review the correctness of the sheriff’s accounts with the state for feeding

prisoners.

3. Examine the conditions of the county treasury and the bonds of all county

officers, with regard to their correctness and sufficiency, and report upon

those matters.

4. Examine the fee book of the probate judge to ascertain if any illegal fees

have been received.

5. Examine the books and papers of the county superintendent of

education.

6. Examine the audit reports furnished to the court and if necessary take

appropriate action.

7. Inquire into any alleged misconduct or incompetency of any public officer

in the county and, if you find that the officer should be removed from

office, return a bill of impeachment and in the case of a judge forward a

confidential report to the Alabama Judicial Inquiry Commission.

II. PROCEDURES

This completes my explanation of your duties. I now will explain certain procedures which

you must employ in discharging your duties.

A. You cannot be present or take part in the deliberation of the Grand Jury if you are

the person charged, the victim, a witness, related by blood or marriage to the

person charged or to the victim, or if you have any material interest in the matter

under investigation.

B. If your number is reduced below 13, that shall be called to my attention.

C. The District Attorney shall attend the Grand Jury when you require. The DA may

choose to attend to examine witnesses or give legal advice. The DA must not be

present when you deliberate or vote on indictments.

D. The Grand Jury may subpoena witnesses. The court can punish for contempt

anyone refusing to appear.

E. The Grand Jury shall be entitled to free access at all proper hours to all state,

county and municipal offices and buildings located within the county and shall be

entitled to examine without charge all records and papers of those offices in any

way connected with your duties, unless privileged from disclosure by law.

F. You shall attend each session of the Grand Jury. If you need to be excused from

serving for one-half day or less, your foreperson can excuse you, but for longer

periods the request for an excuse must be made to the court.

G. Your oath requires you to do your work fairly and impartially. Keep your

deliberations secret. Both during and after your deliberations, the law requires

that you not disclose or discuss outside of the Grand Jury any matter under

consideration. Injury and injustice might occur to a person if it were known that a

particular matter had been before you. If made public, someone indicted might

flee before being arrested.

H. Upon the completion of your duties, you shall report to the court your written

findings and file your true bills. This will complete your work and you will be

recessed or discharged.

I. The foreperson shall preside over Grand Jury proceedings and act as the court’s

representative by maintaining order, administering oaths, excluding

unauthorized persons and persons acting in an unauthorized manner, and

appointing officers within the Grand Jury as necessary for orderly functioning.

The foreperson shall issue subpoenas for witnesses and records as needed,

swear witnesses or cause them to be sworn by the DA, maintain a list of all

witnesses appearing before the Grand Jury, sign all indictments, and submit a

written report of the proceedings to the court. The foreperson may request the

court initiate a contempt proceeding against any person who unlawfully refuses

to testify or answer questions or whose conduct violates the rules or disrupts the

Grand Jury proceedings.

Again thank you for serving. You may begin your work.