The grand jury is different from a trial jury in Oregon. While a trial jury votes to convict or acquit, the grand jury votes on whether or not to “true bill” a felony indictment.
What is the Grand Jury?
A grand jury is a special kind of jury that hears evidence of criminal allegations. The grand jury is given a draft indictment to consider and they vote on whether there is enough evidence to issue a formal indictment charging a person with a serious crime– typically a felony. The Oregon Constitution provides for a Grand Jury of seven jurors and specifies that grand jurors are to be selected from the same pool that reports for regular jury service. Five of the seven grand jurors must vote to issue a “true bill” for the indictment to be approved. The standard the grand jurors are to use in evaluating the evidence is whether the evidence, if unexplained or uncontroverted, would justify a finding of guilt at trial. Grand jurors do not vote to convict, and a true bill or return of an indictment does not mean that the accused is guilty.
What if I’m Called to Serve on an Oregon Grand Jury?
Serving on a grand jury is somewhat similar to serving on a trial jury. However, the amount of cases you’ll hear will be different. There will typically be many more cases submitted to you for your consideration on a grand jury than on a trial jury. Also on the grand jury, the standard or burden of proof will be lower. You’ll typically only hear from the government (so it will be one-sided). Lastly, the testimony you’ll hear at grand jury will usually be shorted and more abbreviated at grand jury (i.e. the government won’t put on it’s whole case).
Grand jury service can range from weeks to months. If you believe you’re unable to serve, a judge will make a determination whether you may be excused due to hardship. Grand juries meet at different times of the day and different days of the week. If you are able to serve most days but have an important event to attend– such as a medical appointment– the court may be able to accommodate your schedule. If you are excused from serving on a grand jury due to hardship, you may still be called later to serve on a regular trial jury. All other aspects of the jury process, including compensation, standards for being excused and prohibited employer conduct, are the same for grand juries and regular daily juror panels.
What Happens After Grand Jury?
If you are serving on a grand jury, typically the grand jurors have no more involvement in the case after an indictment is issued or rejected. However, sometimes grand jurors will be called back in to consider additional evidence and possibly consider additional charges. Other times, grand jurors could be called back regarding their notes or the testimony they heard.
If you have been indicted by a grand jury, contact an Oregon criminal defense attorney immediately. Indictments are typically used for felony charges, and those are some of the more serious charges in Oregon.