Section 12-16-203 – Finding of Indictments for Misdemeanors Generally.
Section 12-16-203 Finding of indictments for misdemeanors generally. The grand jury shall not be bound to find an indictment for any misdemeanor, where no prosecutor appears, unless 12 of their number think it necessary for the public good. (Code 1852, §546; Code 1867, §4096; Code 1876, §4769; Code 1886, §4352; Code 1896, §5038; Code 1907, […]
Section 12-16-219 – Oath of Secrecy; Effect of Refusal.
Section 12-16-219 Oath of secrecy; effect of refusal. Any prosecutor, grand jury foreman, or circuit court may require all persons testifying in or before a grand jury to submit to an oath or affirmation of secrecy. The failure of any witness to be so sworn shall not relieve such witness of any criminal liability imposed […]
Section 12-16-204 – Concurrence of 12 Jurors Required for Finding of Indictment; Endorsement and Signature of Indictment Generally.
Section 12-16-204 Concurrence of 12 jurors required for finding of indictment; endorsement and signature of indictment generally. The concurrence of at least 12 grand jurors is necessary to find an indictment, and when so found it must be endorsed “a true bill” and the endorsement signed by the foreman. (Code 1852, §554; Code 1867, §4104; […]
Section 12-16-220 – Evidence, Other Than Juror’s Questions, Considerations, etc., Disclosed to District Attorney’s Staff.
Section 12-16-220 Evidence, other than juror’s questions, considerations, etc., disclosed to district attorney’s staff. Grand jury evidence other than the questions, considerations, debates, deliberations, opinions or votes of any grand juror may be disclosed by a district attorney or other prosecutor in the performance of his official duties to members of his staff for the […]
Section 12-16-205 – Endorsement of Prosecutor’s Name on Indictment; Endorsement on Indictment Where No Prosecutor Appears.
Section 12-16-205 Endorsement of prosecutor’s name on indictment; endorsement on indictment where no prosecutor appears. If a prosecutor appears, his name must be endorsed by the foreman on the indictment; and, if no prosecutor appears, the words “no prosecutor” must be endorsed thereon. (Code 1852, §555; Code 1867, §4105; Code 1876, §4778; Code 1886, §4354; […]
Section 12-16-221 – Disclosures in Aid of Law Enforcement Investigations and in Public Interest.
Section 12-16-221 Disclosures in aid of law enforcement investigations and in public interest. A district attorney or other prosecutor may, in his or her discretion, disclose evidence taken within or before the grand juries of such circuit to law enforcement officers for the purpose of bona fide investigations into violations of criminal law. A district […]
Section 12-16-206 – Duty of Grand Juror to Disclose to Fellow Jurors Public Offense of Which He Has Knowledge, Etc.
Section 12-16-206 Duty of grand juror to disclose to fellow jurors public offense of which he has knowledge, etc. If any grand juror knows or has reason to believe that a public offense has been committed which may be indicted and tried in that county, it shall be his duty to disclose the same to […]
Section 12-16-222 – Right to Counsel Unaffected; Counsel Prohibited Within Jury.
Section 12-16-222 Right to counsel unaffected; counsel prohibited within jury. No provision of this division shall be construed to deny a witness or criminal defendant the right to confer with or be represented by counsel concerning his appearance within or testimony before a duly empaneled grand jury, provided however, nothing contained in this section shall […]
Section 12-16-207 – Grand Juror Not to Participate, etc., in Deliberations as to Offenses Committed Against His Person or Property, etc.; Supplying of Deficiency in Number of Grand Jurors Resulting Therefrom.
Section 12-16-207 Grand juror not to participate, etc., in deliberations as to offenses committed against his person or property, etc.; supplying of deficiency in number of grand jurors resulting therefrom. (a) A grand juror must not be present at or take any part in the deliberations of his fellow jurors respecting any public offense with […]
Section 12-16-223 – Critical Reports Prohibited Without Indictment, etc.; Judge to Expunge Record; Exception.
Section 12-16-223 Critical reports prohibited without indictment, etc.; judge to expunge record; exception. Grand juries shall make no reports critical of any citizen of this state without returning an indictment or bill of impeachment against the same. It shall be the duty of the circuit judges of the respective judicial circuits of this state, on […]