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“Le Grande Inquest” The History and Laws of the Grand Jury System. Don Barbee Jr., Esq. Clerk of Circuit Court & Comptroller Hernando County, Fl. Origins of the Grand Jury. King Henry II. 12 Men from every 100 Secret Accusations Prevent Escape Loyal to Monarch Fines and penalties. - PowerPoint PPT Presentation
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“Le Grande Inquest”The History and Laws of the Grand Jury System
Don Barbee Jr., Esq.Clerk of Circuit Court & Comptroller
Hernando County, Fl
Origins of the Grand Jury
12 Men from every 100
Secret Accusations• Prevent Escape
Loyal to Monarch• Fines and penalties
King Henry II
Making it “Grand”
• 12 man – Accusatory Jury• Becomes 23 Knights– “Le Grande Inquest”
• Move toward independence• Focus on Fairness• Shifting Loyalties
King Edward III
Grand Juries in America“Assistants”– Legislate, Charge, Convict
1645 - 1st Grand Jury– Charged Assistants– Growing Role
5th Amendment - Capital Crimes
Powers of the Grand Jury
• Indictment• Presentment• Use of indictments in Florida
Impanelment
• When?– No more “terms of court” 1/1/14 – See 905.01
• 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?
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
The Session
• Administrative Session• Foreperson/Vice – Appointed by Judge – Recommendation of ASA
• “Clerk” appointed by Foreperson– No COC staff present in session
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. 905.17)
More Records Issues
• Indictment– pre-arrest = confidential– post-arrest = public (no redaction of foreperson – AGO 99-09)
• Grand Jury Reports– Motion to Repress
• List of Witnesses – Statutorily required from foreperson