Grand Jury Practice The Big Ten “Ten Things You Need to Know” Robert Cline Morgan County Chief Deputy Prosecutor

AGENDA Grand Jury Philosophy: Why and When to call a Grand Jury Practice Pointers: The Big Ten Questions Grand Jury Forms

Grand Jury Practice Why and When to Call a Grand Jury I.Politically Sensitive Cases II.New Applications of Existing Laws New Laws I.Difficult Fact Patterns II.Motor Vehicle Fatalities Key: Establish Your Standards and Remain Consistent Over Time Political Reality: Grand Juries are sometimes viewed as a “tool of the Prosecutor”

Grand Jury Practice Practice Pointers #1 Instruct the Grand Jury on Legal Terms and Procedure Grand Jury Statute: IC et seq. Probable Cause Reasonable Doubt Elements of the Crimes Culpability Perjury Requires Materiality Standard Jury Instructions

#2 Advise the Grand Jury That It’s Their Investigation But You Set the Boundaries Your Role: Legal Advisor Avoid Personal Feelings and Opinions Encourage Grand Jury Participation If They Indict, You Will Prosecute

#3 Request the Target/Defense to Participate Request the Defense to Provide Witness List Subpoena All Defense Witnesses Encourage Target to Testify

#4 Allow Grand Jury to Request Additional Investigation/Witnesses Set Aside Time for Additional Witnesses Utilize Lead Investigator to Follow Up Questions/Witnesses

#5 Protect Identity of Targets/Witnesses Limit Public Comments on the Case Prepare Short Press Release if Necessary Remember You Want to Be Fair and to Seek the Truth

#6 Record All Matters On The Record IC (d) Wurster v. State, 715 N.E.2d 341,

#7 Unauthorized Persons Present and Participating in the Proceedings IC (c) Bowman v. State, 423 N.E.2d 605 (Ind. 1981) and Brown v. State, 434 N.E.2d 144 (Ind. App. 1982) Best Practice: Police Officers Not Allowed to be Present for Other Witnesses Testimony

#8 Allow Grand Jury to Ask Questions IC (a) Wurster v. State, 715 N.E.2d 341

#9 You Must Identify Each Target and Each Offense on the Record Before Deliberation

#10 Target’s Rights and Target Subpoenas IC and Must Advise that He is a “Target” and Provide a Statement of the General nature of the Grand Jury Inquiry Right to Counsel Right to Have Counsel Present During Grand Jury Questioning