Maine Grand Jury Instruction

Q: Does a grand jury have to be unanimous?

The Grand Jury&#039;s Decision and a Prosecutor&#039;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.

Category:

Criminal - Jury Instructions

State:

Multi-State

Control #:

US-00883

Format:

Instant download

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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.

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FAQ

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.