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“Le Grande Inquest” The History and Laws of the Grand Jury System

“Le Grande Inquest” The History and Laws of the Grand Jury System. Don Barbee Jr., Esq. Clerk of Circuit Court & Comptroller Hernando County, Fl. Origins of the Grand Jury. King Henry II. 12 Men from every 100 Secret Accusations Prevent Escape Loyal to Monarch Fines and penalties.

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“Le Grande Inquest” The History and Laws of the Grand Jury System

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  1. “Le Grande Inquest”The History and Laws of the Grand Jury System Don Barbee Jr., Esq. Clerk of Circuit Court & Comptroller Hernando County, Fl

  2. Origins of the Grand Jury King Henry II • 12 Men from every 100 • Secret Accusations • Prevent Escape • Loyal to Monarch • Fines and penalties

  3. Making it “Grand” King Edward III • 12 man – Accusatory Jury • Becomes 23 Knights • “Le Grande Inquest” • Move toward independence • Focus on Fairness • Shifting Loyalties

  4. Grand Juries in America “Assistants” • Legislate, Charge, Convict 1645 - 1st Grand Jury • Charged Assistants • Growing Role 5th Amendment - Capital Crimes

  5. Powers of the Grand Jury • Indictment • Presentment • Use of indictments in Florida

  6. Impanelment • When? • No more “terms of court” 1/1/14 – See 905.01 • How many summoned? • Admin order/past practice, Hern. = 150 (too many?) • How many do we need? • 21 members max, 15 members min (quorum) • 12 votes required for indictment or presentment • Disqualification?

  7. The Big Day • Who is present during impanelment? • Presiding Judge • State Attorney • Deputy Clerk • Live Court Reporter • Electronic Court Reporter – off? • Public??? • Pre-qualification (judge or clerk) • Voir Dire Process • Cause Only

  8. The Session • Administrative Session • Foreperson/Vice • Appointed by Judge • Recommendation of ASA • “Clerk” appointed by Foreperson • No COC staff present in session

  9. The Documents • List of Grand Jurors – Confidential (313 So.2d 39) • Identity included in secrecy provisions – AGO Informal 1995 • Notes (jurors & court reporters) • Transcripts • Testimony – Confidential(F.S. 905.17)

  10. More Records Issues • Indictment • pre-arrest = confidential • post-arrest = public (no redaction of foreperson – AGO 99-09) • Grand Jury Reports • Motion to Repress • List of Witnesses • Statutorily required from foreperson

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