Colorado Grand Jury Instruction

State:
Multi-State
Control #:
US-00883
Format:
Word; 
Rich Text
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Description

This form is a sample jury instruction wherein the court instructs the jury that the Grand Jury's indictment is not evidence of guilt but merely an accusation, and that defendant is presumed innocent. You must ascertain whether this sample instruction complies with the law in your jurisdiction.

How to fill out Grand Jury Instruction?

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FAQ

(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.

A Grand Jury in Colorado consists of 12 to 23 citizens who are summoned to investigate suspected criminal activity, while a Petit Jury, composed of 6 to 12 individuals, is responsible for determining a defendant's guilt or innocence. The grand jury process is most common in. federal cases and. high-profile state cases.

Another difference has to do with size. Whereas Colorado grand juries usually have 12 jurors, federal grand juries have 16 to 23 jurors. And a quorum of 12 is always necessary to indict.

The grand jury determines whether there is ?probable cause? to believe the individual has committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant. Grand juries are comprised of twenty-three members, plus alternates.

Jurors serve for only a single day, or for the duration of a single trial. On the average, jurors can expect to be at the court between 4-5 hours. The Colorado Springs Municipal Court rarely excuses jurors from service.

The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.

From the "Master Jury Wheel," jurors are randomly selected for a one month term of service or occasionally longer depending on the court's jury needs. Each prospective juror is mailed a summons for jury service and instructed to complete a juror qualification questionnaire.

Grand Juries Are Non-Adversarial Proceedings Unlike a preliminary hearing held in court with the defense side present, the grand jury doesn't make its decision in the context of an adversary proceeding. Rather, it's a one-sided affair. Grand jurors see and hear only what prosecutors put before them.

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Colorado Grand Jury Instruction