Maine Grand Jury Instruction refers to the guidelines provided to a grand jury in Maine before they deliberate on whether criminal charges should be brought against an individual. These instructions provide a thorough explanation of the grand jury's role, responsibilities, and legal standards that must be followed during the criminal investigation process. Maine has several types of grand jury instructions, including: 1. Jurisdiction: This instruction clarifies the geographical limitations of the grand jury's authority. It informs them that they have jurisdiction only over matters within the state of Maine. 2. Purpose of the Grand Jury: This instruction explains the purpose and function of a grand jury in Maine's criminal justice system. It emphasizes that the grand jury serves as an independent and impartial body responsible for determining whether there is enough evidence to warrant a criminal trial. 3. Evidence and Witnesses: This instruction outlines the types of evidence the grand jury may consider in their evaluation. It explains the various sources of evidence, such as documents, testimonies, photographs, videos, or any other relevant materials. Additionally, it informs the grand jury about their power to issue subpoenas to compel witnesses to testify. 4. Legal Standards: This instruction provides detailed explanations of the legal elements and standards the grand jury must apply in evaluating the evidence. It ensures that the grand jury understands the burden of proof, which is usually 'probable cause' in criminal cases. 5. Confidentiality and Secrecy: This instruction instructs the grand jury members about the importance of maintaining the confidentiality and secrecy of the proceedings. It emphasizes that grand jury deliberations should remain confidential to protect witnesses and preserve the integrity of the investigation. 6. Voting and Decision-Making Process: This instruction outlines the voting procedures and the required majority for deciding whether to indict an individual. It emphasizes that a grand jury must thoroughly review all evidence before reaching a decision. The above-mentioned instructions provide an overview of the various aspects covered in Maine Grand Jury Instruction. These instructions aim to ensure that the grand jury is properly informed, guided, and adheres to the legal principles during the criminal investigation process in Maine.
Maine Grand Jury Instruction
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The Grand Jury's Decision and a Prosecutor's Discretion At least 16 (out of 23) grand jurors must be present for a vote, and a unanimous decision is not required. At least 12 members must concur to indict a defendant under the Federal Rules of Criminal Procedure.
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.
Grand jury service takes place over a period of six months, during which time you will be called to appear at court once a month, usually for a two-day period.
(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.
Grand jury to present all crimes. Grand juries shall present all crimes for which by law they are given territorial authority to indict, and may appoint one of their number to take minutes of their proceedings to be delivered to the attorney, if the jury so directs.