77-10a-10 - Charge of grand jury -- Rights and duties.
77-10a-10. Charge of grand jury -- Rights and duties.
Upon impanelment of each grand jury, the judge managing the grand jury shall charge thegrand jury and inform it of:
(1) its duty to inquire into offenses against the criminal laws alleged to have beencommitted within the jurisdiction;
(2) its independent right to call and interrogate witnesses;
(3) its right to request the production of documents or other evidence, includingexculpatory evidence;
(4) the necessity of finding credible evidence of each material element of any crimecharged before returning an indictment;
(5) the need to be satisfied that clear and convincing evidence exists that tends to showthat a crime was committed by the person or persons accused before returning an indictment;
(6) its right to have the prosecutor present it with draft indictments for less seriouscharges than those originally requested by the prosecutor;
(7) the obligation of secrecy; and
(8) other duties and rights as the court finds advisable.
Upon impanelment of each grand jury, the judge managing the grand jury shall charge thegrand jury and inform it of:
(1) its duty to inquire into offenses against the criminal laws alleged to have beencommitted within the jurisdiction;
(2) its independent right to call and interrogate witnesses;
(3) its right to request the production of documents or other evidence, includingexculpatory evidence;
(4) the necessity of finding credible evidence of each material element of any crimecharged before returning an indictment;
(5) the need to be satisfied that clear and convincing evidence exists that tends to showthat a crime was committed by the person or persons accused before returning an indictment;
(6) its right to have the prosecutor present it with draft indictments for less seriouscharges than those originally requested by the prosecutor;
(7) the obligation of secrecy; and
(8) other duties and rights as the court finds advisable.
Enacted by Chapter 318, 1990 General Session