WHAT IS THE GRAND JURY?
The grand jury hears criminal cases brought by city, County or State of Alabama law enforcement agencies, such as the St. Clair County Sheriff’s Department. The panel does not decide guilt or innocence. The Grand Jury hears a small portion of each case to only determine “probable cause”; that is, whether a crime took place and who likely committed the crime.
At the end of each week of service, the grand jury issues indictments, or “true bills”, on all cases for which they have found probable cause exists. For those cases where the grand jury does not find probable cause, the panel issues “no bills”, and the case is dropped.
Defendants usually do not testify before the grand jury, except in very unusual circumstances.
The Grand Jurors
Eighteen Grand Jurors are randomly selected from residents summoned to report for jury duty here at the St Clair County Courthouse. The grand jury meets for one week, three (3) times a year, in each of the Northern and Southern Divisions of St. Clair County. Except in rare circumstances, if you are selected for grand jury duty, you will serve for one (1) week.
Grand Jury proceedings are secret and confidential
By law, the work of the grand jury is done in secret and is kept secret, to protect the innocent who may be accused and to prevent an accused who may be indicted from leaving the community before arrest. Only prosecutors presenting the cases, their witnesses and the Grand Jurors are allowed in the grand jury room. Discussing anything about grand jury proceedings before that information is made public is a criminal offense.
DISTRICT COURT
District Court holds “preliminary hearings” in felony cases to determine “probable cause.” After hearing from witnesses, the District Court judge decides if “probable cause” exists, that is, whether a crime took place and if the defendant likely committed the crime.
The preliminary hearing also gives the defendant and his or her attorney an opportunity to hear a portion of the evidence the state has against the defendant in the case and may have a bearing on how the defense is prepared.
Misdemeanor Cases
Misdemeanor cases are crimes which are less serious than felonies, where the punishment is one year or less. These cases are tried before the District Court judge, without a jury. Examples of misdemeanors are low value thefts, harassment, assaults that do not involve a weapon, criminal trespassing, criminal non-support, and issuing worthless checks.
CIRCUIT COURT
When the Grand Jury decides that there is sufficient evidence to proceed against an individual, it issues a true bill. Circuit Court is the next step in the criminal court process. In Circuit Court, the defendant (the person charged with a crime) has the opportunity to have the case heard by a jury of twelve citizens from St. Clair County and have that jury determine the guilt or innocence of the defendant. The District Attorney’s Office will present evidence to the jury of the guilt of the defendant. This evidence may consist of witnesses, scientific evidence, photographs or videos, expert testimony, or statements of the defendant. The Defendant will be represented by an attorney who is assigned the duty to protect all of the defendant’s rights. The defendant’s attorney has the chance to challenge the credibility, strength and legality of all of the State’s evidence, including the State’s witnesses. The Attorney will also argue the defendant’s side of the case before the case is given to the jury for their consideration.
The Jury in Circuit Court is selected to determine the guilt or innocence of the accused. The jury selection process involves a large number of potential jurors being called to the courtroom and questioned by the Court and the attorneys in the case. This is designed to discover any relationship or connection the jurors may have with any of the parties in the case or any prejudice the jurors may have against any of the parties in the case. Following the questions by both the Judge and the attorneys, 12 jurors are selected for the trial. Additional jurors may also sit for use in case of emergency but only twelve (12) jurors will decide the case.
Jurors listen to all of the evidence presented in court as to the guilt or innocence of the defendant. Jurors are not permitted to ask opinions from anyone other than jurors on that case. Jurors may not consult attorneys or friends while sitting as a juror. A juror may not research the law, seek information about the case from the internet or visit the crime scene. No other person is more qualified to hear the case than the jurors selected. A jury must make a decision on the case based only on the evidence and law presented in court.
The judge in the Circuit Court acts as a “referee” as to the Court proceedings and, at the proper time, instructs the jury as to the law in this particular case. In the case of a conviction of the defendant by the jury, the judge also acts as the sentencer in the case; that is, the judge decides on the proper punishment for the defendant.