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Kingofalldems Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 08:01 PM
Original message
DU law experts--a question
During a Grand Jury proceeding do all GJers have to vote for indictments? If not, is there a certain percentage that have to vote 'for' in order for an indictment to proceed?
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 08:02 PM
Response to Original message
1. I think it is usually half
but it probably varies from jurisdiction to jurisdiction.
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 08:06 PM
Response to Original message
2. Varies from state to state and federal
Some states require a unanimous vote. Others merely a majority or 2/3 majority.

All presentments are up or down: a "True Bill" or "No True Bill."

In terms of proof, it's also worth remembering that an indictment returns on a standard of proof of "more likely than not," as opposed to the stricter "beyond a reasonable doubt" standard that a Petit (or Trial) Jury must use. The GJ seeks only to determine if (a) it is more likely than not that a crime has been committed and (b) if "a" is true, then whether it is more likely than not that the person under consideration is the person who perpetrated the crime.

Hope that helps.
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 08:13 PM
Response to Original message
3. here ya go
http://www.pawd.uscourts.gov/Pages/fgi.htm
U.S. District Court WPA Erie
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Kingofalldems Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 08:24 PM
Response to Reply #3
5. Thanks, so it looks like
the percentage could vary based on the amount of jurors who are present. Can't imagine any juror missing this one.
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 08:17 PM
Response to Original message
4. A Fed GJ mist have a min of 16 and a max of 23 jurors; here's the
dfinding requirements in NJ. I have to believe they're similar in most Fed. courts.

http://www.judiciary.state.nj.us/rules/r3-6.htm

3:6-8. Finding and Return of Indictment; No Bill

(a) Return; Secrecy. An indictment may be found only upon the concurrence of 12 or more jurors and shall be returned in open court to the Assignment Judge or, in the Assignment Judge's absence, to any Superior Court judge assigned to the Law Division in the county. With the approval of the Assignment Judge, an indictment may be returned to such judge by only the foreman or the deputy foreman rather than with all other members of the grand jury. Such judge may direct that the indictment shall be kept secret until the defendant is in custody or has given bail and in that event it shall be sealed by the clerk, and no person shall disclose its finding except as necessary for the issuance and execution of a warrant or summons.

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