Grand Jury Practice The Big Ten “Ten Things You Need to Know” Robert Cline

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 • Politically Sensitive Cases • New Applications of Existing Laws • New Laws • Difficult Fact Patterns • 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 35-34-2-1 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 35-34-2-3(d) • Wurster v. State, 715 N.E.2d 341, 346-347

#7 • Unauthorized Persons Present and Participating in the Proceedings • IC 35-34-2-4(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 35-34-2-2(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 35-34-2-5 and 35-34-2-5.5 • 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

Grand Jury Practice The Big Ten “Ten Things You Need to Know” Robert Cline