19-1101. POWERS AND DUTIES IN GENERAL. The grand jury must inquire into all public offenses committed or triable within the county, and present them to the court, either by presentment or by indictment. History: [(19-1101) Cr. Prac. 1864, sec. 201, p. 237; R.S., R.C., & C.L., sec. 7630; C.S., sec. 8789; I.C.A., sec. 19-1001.]
19-1102. PRESENTMENT DEFINED. A presentment is a formal statement in writing, by the grand jury, representing to the court that a public offense has been committed which is triable in the county, and that there is reasonable ground for believing that a particular individual named or described therein has committed it. History: [(19-1102) Cr. Prac. […]
19-1103. INDICTMENT DEFINED. An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense. History: [(19-1103) Cr. Prac. 1864, sec. 202, p. 237; R.S., R.C., & C.L., sec. 7632; C.S., sec. 8791; I.C.A., sec. 19-1003.]
19-1104. FOREMAN MAY ADMINISTER OATHS. The foreman may administer an oath to any witness appearing before the grand jury. History: [(19-1104) Cr. Prac. 1864, sec. 204, p. 237; R.S., R.C., & C.L., sec. 7633; C.S., sec. 8792; I.C.A., sec. 19-1004.]
19-1105. EVIDENCE RECEIVABLE BY GRAND JURY. In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive any evidence that is given by witnesses produced and sworn before them except as hereinafter provided, furnished by legal documentary evidence, the deposition of a witness in the cases provided […]
19-1106. EVIDENCE FOR DEFENDANT. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should order such evidence to be produced, […]
19-1107. SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT. The grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury. History: [(19-1107) Cr. Prac. 1864, sec. 208, p. 238; R.S., R.C., & C.L., sec. 7636; C.S., sec. […]
19-1108. DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE. If a member of a grand jury knows, or has reason to believe, that a public offense, triable within the county, has been committed, he must declare the same to his fellow jurors, who must thereupon investigate the same. History: [(19-1108) Cr. Prac. 1864, sec. 209, p. […]
19-1110. ACCESS TO PRISONS AND PUBLIC RECORDS. They are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge, of all public records within the county. History: [(19-1110) Cr. Prac. 1864, sec. 211, p. 238; R.S., R.C., & C.L., sec. 7639; C.S., sec. 8798; I.C.A., sec. […]
19-1111. WHO MAY BE PRESENT AT SESSIONS OF JURY. The grand jury may, at all reasonable times, ask the advice of the court, or the judge thereof, or of the prosecuting attorney; but unless such advice is asked, the judge of the court must not be present during the sessions of the grand jury. The […]
19-1112. PROCEEDINGS TO BE SECRET. Every member of the grand jury must keep secret whatever he himself, or any other grand juror may have said, or in what manner he or any other grand juror may have voted on a matter before them; and such matters shall be subject to disclosure according to chapter 1, […]
19-1113. JUROR NOT TO BE QUESTIONED. A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty, in making an accusation or giving testimony to […]
19-1114. NOTICE OF REFUSAL TO GIVE INCRIMINATING EVIDENCE — AGREEMENT TO TESTIFY WITH IMMUNITY — PERJURY — COMPELLING ANSWER. In any criminal proceeding or in any investigation or proceeding before a grand jury in connection with any criminal offense, if a person has advised the prosecuting attorney that he will refuse to answer a question […]
19-1115. REFUSAL TO GIVE INCRIMINATING EVIDENCE — COMPELLING TO ANSWER OR PRODUCE EVIDENCE — IMMUNITY — PERJURY. In any criminal proceeding or in any investigation or proceeding before a grand jury in connection with any criminal offense, if a person refuses to answer a question or produce evidence of any other kind on the ground […]
19-1116. SPECIAL INQUIRY JUDGE. Upon the petition by affidavit of a prosecuting attorney of any county of the state of Idaho for the appointment of a special inquiry judge to conduct an inquiry into the existence of suspected crime or corruption within his jurisdiction, the administrative district court judge of the judicial district wherein the […]
19-1117. SPECIAL INQUIRY JUDGE — PETITION FOR ORDER. (1) When the prosecuting attorney of any county has reason to suspect crime or corruption, within his jurisdiction, and there is reason to suspect that there are persons who may be able to give material testimony or provide material evidence concerning such suspected crime or corruption, such […]
19-1118. SPECIAL INQUIRY JUDGE — DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS. The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect or refusal to appear, testify or provide evidence at such inquiry in response to […]
19-1119. SPECIAL INQUIRY JUDGE — DIRECTION TO PROSECUTING ATTORNEY TO PARTICIPATE IN PROCEEDINGS IN ANOTHER COUNTY — PROCEDURE. Upon petition of a prosecuting attorney to the special inquiry judge that there is reason to suspect that there exists evidence of crime and corruption in another county, and with the concurrence of the special inquiry judge […]
19-1120. WITNESSES — ATTENDANCE. (1) A prosecuting attorney may call as a witness, in a special inquiry judge proceeding, any person suspected by him to possess information or knowledge relevant thereto and may issue legal process and subpoena to compel his attendance and the production of evidence. (2) The special inquiry judge may cause to […]
19-1121. SELF-INCRIMINATION — RIGHT TO COUNSEL. Any individual called to testify before a special inquiry judge, whether as a witness or principal, if not represented by an attorney appearing with the witness before the special inquiry judge, must be told of his privilege against self-incrimination. Such an individual must be informed that he has the […]
