Stanislaus County grand jury Q&A

Answers provided by the Stanislaus County district attorney's office to questions asked by The Bee.

What is the difference between criminal and civil grand juries? Both are creatures of the Penal Code and have specific requirements (see Penal Code Section 888). In some counties there are no differences, but in Stanislaus County, there are two separate grand juries.

How often is a criminal grand jury is called? Not often. Criminal grand juries must indict based on nonhearsay evidence, which means that it is more cost-effective for us to do most criminal cases by way of a preliminary hearing.

Do members of the civil grand jury also serve on criminal grand jury? No. In Stanislaus County, the civil grand jury is selected from among people who volunteer or who are recommended to serve on this watchdog panel. This process would not pass constitutional muster for selecting a criminal jury, which must be from a random cross-section of the community. In counties where there is only one grand jury, those who serve must be randomly drawn to return a valid indictment.

What happens when a civil grand jury report suggests there might have been a crime committed? A civil grand jury report is the hearsay product of the grand jury investigation, which means that it is not the actual testimony or actual evidence. It is only the summary of what the grand jury found. The original evidence and testimony is secret and cannot be disclosed except under certain circumstances (see Daily Journal Corp. v. Superior Court (1999), 20 Cal. 4th 1117). It cannot be given to the district for use in a public setting absent court intervention.

The civil grand jury in this county does not have criminal investigative jurisdiction (because they cannot return an indictment), but it can look at the processes which might have led to possible criminal activity. A civil grand jury report is like an anonymous phone call tipping law enforcement off to a crime; it is not enough to act upon without conducting an independent investigation.

Read more: http://www.modbee.com/2011/07/02/1759188/stanislaus-county-grand-jury-qa.html#ixzz1RIGYGGSh