New Hampshire Grand Jury Instruction

• Category: Criminal - Jury Instructions
• State: Multi-State
• Control #: US-00883
• Format: Word; Rich Text

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.

New Hampshire Grand Jury Instruction is a legal framework that guides the proceedings of a grand jury in the state of New Hampshire. It encompasses a set of instructions provided to the grand jury members, who are responsible for determining whether there is enough evidence to issue an indictment or presentment against a person accused of a crime. These instructions ensure that the grand jury operates within the boundaries of the law and ensures a fair and just process. The New Hampshire Grand Jury Instruction serves as a comprehensive guideline on the rules and procedures to be followed during grand jury proceedings. It outlines the manner in which evidence is to be presented, the burden of proof required, and the legal standards that must be met for an indictment or presentment to be issued. Key elements covered in the New Hampshire Grand Jury Instruction include the presumption of innocence, the duty of impartiality, and the requirement for probable cause. It explains the difference between direct and circumstantial evidence, hearsay, and expert testimony, ensuring that grand jury members have a clear understanding of the evidence presented before them. There are different types of New Hampshire Grand Jury Instructions, including: 1. General Instruction: This provides an overview of the grand jury process, explaining its purpose, composition, and the role of the grand jurors. It emphasizes the importance of confidentiality and the need to maintain secrecy while deliberating. 2. Procedural Instruction: This focuses on the step-by-step procedures to be followed during grand jury proceedings. It covers the selection of witnesses, presentation of evidence, questioning protocols, and the voting process for issuing an indictment or presentment. 3. Substantive Instruction: This delves into the legal elements that need to be established for different types of crimes. It defines the specific elements of each offense and guides grand jury members in evaluating whether the evidence presented satisfies these elements. 4. Law Enforcement Instruction: This provides guidance to law enforcement officials and prosecutors when presenting cases to the grand jury. It outlines the different types of evidence that can be presented, the procedures for seeking witness testimony, and the importance of legal sufficiency in an investigation. By adhering to these instructions, the New Hampshire Grand Jury ensures a fair, impartial, and deliberate evaluation of evidence. They play a vital role in safeguarding the rights of the accused and upholding the principles of justice in the state's criminal justice system.