Georgia Grand Jury Handbook
Understanding the Role of Grand Juries in Georgia
Introduction
Grand juries play a crucial role in the criminal justice system of Georgia. They serve as an independent body tasked with investigating potential criminal offenses and determining whether there is probable cause to issue indictments, leading to criminal prosecutions.
Statutory Mandate and Duties
The duties of grand juries are outlined in the Georgia Code §§ 15-12-70 to 15-12-96. Their primary responsibility is to:
- Investigate crimes and determine if there is sufficient evidence to support an indictment.
- Receive evidence and testimony related to alleged criminal activity.
- Vote on whether to indict or "no bill" (decline to indict).
- Review and report on the operations of public agencies and officials.
Impaneling and Selection
Grand juries are impaneled by superior court judges for a term of one year. They consist of 16 to 23 citizens who are randomly selected from voter registration lists. The foreman, who presides over the grand jury, is chosen by the judge or the jury members themselves.
Indictments and Criminal Prosecutions
In Georgia, indictments are required for serious crimes such as murder, rape, and kidnapping. Prosecutors must present evidence to the grand jury to establish probable cause that the accused committed the crime. If the grand jury votes to indict, the accused will be formally charged and face trial.
The grand jury process is confidential, and its proceedings are not open to the public. This secrecy helps protect the rights of the accused, ensures the integrity of the investigation, and encourages witnesses to come forward without fear of retaliation.
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