An overview of Law & Justice in the 16^th Judicial District

IX. The Grand Jury procedure

Under Louisiana Law, a grand jury must investigate cases dealing with capital murder and cases where the possible punishment is death or life imprisonment.

How does the Grand Jury process work?

1. Impaneling a Grand Jury

A grand jury shall be impaneled twice a year.

2. Method of Impaneling a Grand Jury.

The grand jury shall consist of twelve persons plus a first and second alternate for a total of fourteen persons.

The Sheriff shall draw indiscriminately and by lot from an envelope to select the fourteen members of the grand jury.

The court (Judge) shall cause a random selection to be made of one person from the impaneled grand jury to serve as foreperson of the grand jury.

3. Meeting of Grand Jury

The grand jury shall meet as directed by the court or on its own initiative at the direction of at least nine of its members.

4. Persons present during a Grand Jury session

Only the following persons may be present at the sessions of the grand jury.

A) The district attorney and assistant district attorneys;

B) The attorney general and assistant attorneys general;

C) The witness under examination;

D) A person sworn to record the proceedings of and the testimony given before the grand jury;

E) An interpreter, if necessary, sworn to translate the testimony of a witness who is unable to speak the English language;

F) An attorney for a target (person being investigated) may be present during the testimony of the target. The attorney shall be prohibited from objecting, addressing or arguing before the grand jury.

Who can be present while the grand jury is deliberating?

No person other than a grand juror shall be present while the grand jury is deliberating and voting.

What action may a grand jury take after hearing evidence in a case?

A grand jury shall have power to act, concerning a matter, in one of the following ways:

1) By returning a true bill. This requires at least nine of the twelve grand jurors to vote in favor of formally charging someone with a crime.

2) By returning not a true bill. This requires at least nine of the twelve grand jurors to vote that a person should not be formally charge with a crime.

3) By pretermitting entirely the matter investigated. This requires nine of the twelve grand jurors to determine there is not enough evidence presented to determine if a person should or should not be charged with a crime.

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