Section 19-1120 – WITNESSES — ATTENDANCE.
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 […]
Section 19-1104 – FOREMAN MAY ADMINISTER OATHS.
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.]
Section 19-1121 – SELF-INCRIMINATION — RIGHT TO COUNSEL.
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 […]
Section 19-1105 – EVIDENCE RECEIVABLE BY GRAND JURY.
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 […]
Section 19-1122 – SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE.
19-1122. SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE. If in any proceedings before a special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he may be incriminated thereby, and if a prosecuting attorney requests the court […]
Section 19-1106 – EVIDENCE FOR DEFENDANT.
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, […]
Section 19-1123 – SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE.
19-1123. SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE. (1) No individual, who is present during a special inquiry judge proceeding or who shall gain information with regard to said inquiry, shall disclose the testimony of a witness examined before the special inquiry judge or other evidence received by him, except such testimony […]
Section 19-1107 – SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT.
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. […]
Section 19-1108 – DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE.
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. […]
Section 19-1110 – ACCESS TO PRISONS AND PUBLIC RECORDS.
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. […]