Frequently Asked Questions

• What is a Statewide Grand Jury?
• What is the term of the Statewide Grand Jury?
• Who are grand jurors?
• What are the disqualification to serve as a statewide grand juror?
• What are the frequently used words and phrases?
• How many members are on a statewide grand jury?
• What is the history of the grand jury?
• What are the procedures of the Statewide Grand Jury?
• What are the proceedings of the Statewide Grand Jury?
• Can I talk about the statewide grand jury proceedings outside of the courtroom?
• Is there protection and immunity of statewide grand jurors?

• WHAT IS A STATEWIDE GRAND JURY?
  A statewide grand jury is an investigating, reporting, and accusing agency of the Florida Supreme Court. It consists of citizens of a specified number who have been summoned and empaneled by a judge appointed by the Florida Supreme Court. The statewide grand jury is an agency and an arm of the Florida Supreme Court and is uniquely independent.
  
  
• WHAT IS THE TERM OF THE STATEWIDE GRAND JURY?
  The statewide grand jury's term is for a period of 12 months, but may be extended for up to 18 months.
  
  
• WHO ARE GRAND JURORS?
  Grand jurors are United States citizens and legal residents of this state and their respective counties who are at least 18 years of age and who possess a driver's license or identification card issued by the Department of Highway Safety and Motor Vehicles, or who execute an affidavit indicating a desire to serve as a juror.
  
  All jurors are selected at random and their names are taken from lists prepared by the clerk of the circuit court.
  
  The process of selecting the statewide grand jury is handled by the State Courts Administrator for the Florida Supreme Court.
  
  When making up the jury list, the officers compiling it are required to select only citizens they believe to be law-abiding, and of proven integrity, good character, sound judgment and intelligence, and who are not mentally infirm.
  
  
• WHAT ARE THE DISQUALIFICATION TO SERVE AS A STATEWIDE GRAND JUROR?
  Any person who has been convicted of a felony or bribery, forgery, perjury, or larceny is disqualified to sit as a juror, unless his or her civil rights have been restored. A person under prosecution for any crime is disqualified.
  
  Most government officials are disqualified to serve on a jury. An elected public official is not eligible to be a grand juror.
  
  
• WHAT ARE THE FREQUENTLY USED WORDS AND PHRASES?
  Throughout this handbook and during your term as a grand juror certain terms will occur frequently. Some of these are:
  
  Capital Crime. A capital crime is any crime for which the maximum punishment is death.
  
  Circuit Court. The State of Florida is divided into 20 judicial "circuits." Each circuit covers one or more counties. The circuit court is the highest trial court in the circuit.
  
  Defendant. A "defendant" is a person who has been accused of a crime and is defending himself or herself in a court against the criminal charge. The words "defendant" and "accused" are used interchangeably.
  
  Felony. A "felony" is any crime which is punishable by imprisonment in a state penitentiary for a term in excess of one year. A "misdemeanor" is any crime which is punishable by imprisonment in a county correctional facility for a term of not more than one year.
  
  Indictment; True Bill. A "true bill" is a charge brought by the grand jury accusing a person of a crime. A true bill, when it is filed in court, then becomes an "indictment."
  
  Judge. The judge presiding over the trial is often called or referred to as "the court."
  
  No True Bill. A "no true bill" is a finding by the grand jury that on a given charge no indictment should be filed.
  
  Presentment. A "presentment" is a presentation to the court of a grand jury's report of its actions and recommendations.
  
  State Attorney. Each circuit in the State of Florida has a "state attorney" who, together with assistants, prosecutes all crimes and offenses in the circuit and county courts in the circuit. Some other states refer to this officer as a "district attorney" or "prosecuting attorney."
  
  Statewide Prosecutor. The statewide prosecutor is appointed by the Attorney General of the State of Florida to investigate and prosecute certain multi-circuit criminal activity.
  
  
• HOW MANY MEMBERS ARE ON A STATEWIDE GRAND JURY?
  The statewide grand jury consists of 18 members, 15 constitute a quorum.
  
  
• WHAT IS THE HISTORY OF THE GRAND JURY?
  The grand jury originated more than seven centuries ago in England. It was recognized in the Magna Charta granted by King John of England upon the demand of the people in 1215 A.D. Its present form evolved in the period 1327 to 1377. Its origins can be traced back even further. As early as 997 A.D., a Danish king, "Ethelred the Unready," charged an investigative body of his reign that it should go about its duty by accusing no innocent person, and sheltering no guilty one.
  
  This high principle is echoed in the oath that you took as a grand juror:
  
  "You, as grand jurors for _____ County (or the statewide grand jury) do solemnly swear (or affirm) that you will diligently inquire into all matters put in your charge and you will make true presentments of your findings; unless ordered by a court, you will not disclose the nature or substance of the deliberations of the grand jury, the nature or substance of any testimony or other evidence, the vote of the grand jury, or the statements of the state attorney (or the statewide prosecutor); you shall not make a presentment against a person because of envy, hatred, or malice, and you shall not fail to make a presentment against a person because of love, fear, or reward. So help you God."
  
  The early colonists brought the grand jury system to this country from England. It has been with us ever since. It is recognized in the Constitution of the United States and in the Constitution of Florida.
  
  (The Statewide Grand Jury was created in 1973 to "strengthen the grand jury system and enhance the ability of the State to detect and eliminate organized criminal activity by improving the evidence gathering process in matters which transpire or have significance in more than one county." Section 905.32, Florida Statutes.)
  
  
• WHAT ARE THE PROCEDURES OF THE STATEWIDE GRAND JURY?
  Not less than 15 members of a grand jury must always be present to constitute a quorum. If less than a quorum exists, the proceedings of the grand jury must be halted until a quorum is present. Grand jurors, who, because of an emergency, find that they will be unable to attend a grand jury session should advise the grand jury clerk or foreperson immediately.
  
  An affirmative vote of at least 12 members of the grand jury is necessary to the return of a true bill or indictment. Therefore, even though a quorum is present it still requires at least 12 votes of individual members, rather than a mere majority of those present, in order to return a true bill.
  
  
• WHAT ARE THE PROCEEDINGS OF THE STATEWIDE GRAND JURY?
  Most of the work of the grand jury involves hearing witnesses and determining the sufficiency of evidence on the issue of whether that evidence, without regard to possible defenses, justifies indictment. Generally, the state attorney (or statewide prosecutor) or assistant state attorneys (or assistant statewide prosecutors) will present and explain the charge to the grand jury and advise as to the witnesses who will be presented, either voluntarily or upon being summoned on the request of the state attorney (or statewide prosecutor) or the grand jury itself. The grand jury may call any witness it deems appropriate and necessary.
  
  The witnesses will be called one by one and placed under oath to tell the truth. Generally, the state attorney (or statewide prosecutor) will administer the oath. This oath should be administered in a solemn, dignified, and deliberate manner in order to impress upon the witness the seriousness of the situation and the duty to be truthful. The state attorney (or the statewide prosecutor) or assistant state attorneys (or assistant statewide prosecutors) ordinarily will undertake to question the witnesses first. If the foreperson, or any member of the grand jury desires to do so, they then also may propound questions. It is suggested, however, that any question first be submitted to the state attorney (or statewide prosecutor), who will determine whether the question is appropriate.
  
  Grand jurors should keep in mind that they are acting in a judicial capacity and sitting in judgment of evidence before them. For this reason all questioning should be done in a calm, impartial, and objective manner without indicating the personal feelings of the person asking the questions.
  
  Occasionally, a witness when brought before the grand jury refuses to testify or answer questions. If this occurs, both the question the witness has refused to answer and the fact of refusal should be carefully recorded. The matter then should be brought before the court, with a complete copy of the record, in order to obtain from the court a ruling on whether the witness may be compelled to answer the question. In most instances a refusal to answer is based upon the claim of the witness that the answer will violate the constitutional right against self-incrimination. If the answer does tend to incriminate the witness, the witness cannot be made to answer. If it does not, however, the witness will be ordered to answer under penalty of contempt.
  
  An accused person cannot be compelled to testify before a grand jury although one under investigation by the grand jury may appear voluntarily to testify. In that event, however, the grand jury should proceed with great caution and should not permit one under investigation to testify until after first conferring with the state attorney (or the statewide prosecutor). If an accused, or any person under investigation, is permitted to testify before the grand jury without waiving the constitutional right against self-incrimination, any indictment or presentment would be null and void.
  
  It is clear that the matter of forcing a witness to testify or of giving the accused an opportunity to testify raises complicated legal questions. The advice of the state attorney (or the statewide prosecutor) and, when necessary, a ruling from the court, therefore, always should be sought when these questions arise.
  
  
• CAN I TALK ABOUT THE STATEWIDE GRAND JURY PROCEEDINGS OUTSIDE OF THE COURTROOM?
  Secrecy as to all statewide grand jury proceedings is of the utmost importance. This includes not only the actions upon an indictment or a presentment but even the fact that any such matter was considered, or any witness was called. It is only in this manner that the grand jurors themselves can be protected from pressure by persons who may be involved by the action of the grand jury. Secrecy also is the only protection that a witness may have before a grand jury, which will protect the witness from being tampered with or intimidated before testifying at the trial. Further, secrecy may prevent one under indictment, or subject to indictment, from escaping while the issue of indictment is under consideration. It also should be remembered that secrecy may encourage witnesses to give the grand jury frankly and candidly any knowledge they may have concerning crime or corruption. Lastly, and of equal importance to all other consideration of secrecy, is the fact that an innocent person who has been subjected to a charge but not indicted should be protected from the embarrassment and disgrace attendant upon the making of a charge before a grand jury.
  
  The pledge of secrecy is paramount. It also is permanent.
  
  A grand juror will not communicate to family, friends, associates, or anyone concerning any matter that takes place in the grand jury room. The only time this veil of secrecy may be lifted is by order of the court after a full hearing, and then only in exceptional cases.
  
  
• IS THERE PROTECTION AND IMMUNITY OF STATEWIDE GRAND JURORS?
  Grand jurors are fully protected from actions against them by being an independent body answerable to no one except the court that empanels it. No inquiry may be made to learn what grand jurors said or how they voted. The law gives the grand juror complete immunity for official acts. There is only one exception: if a grand juror testifies as a witness for the grand jury as to a commission of a crime and that testimony is perjured, the juror could be prosecuted for that perjury. This complete protection for the official acts obviously is vital to the operation of the grand jury and points up that grand jurors should be citizens of unquestionable integrity and high character.

Frequently asked questions, as provided by the Supreme Court