It varies from State to State I guess. In California, felony accusations go through a preliminary trial, called a "prelim," and a judge decides if there is enough evidence to go to trial. Grand Juries are rarely used in California.
I would be surprised if California has done away with Grand Juries.
“But grand juries can differ from state to state and even from county to county, Rosenfeld said.
Placer County is different from Los Angeles [County] in respect to their grand jury system, he said. One has 19 members, the other 23, so each county can make their own rules.
But the goal is the samedeciding whether charges or an indictment should be brought forward against a defendant in a criminal case. In California, defendants arent called to testify in front of a grand jury.
That wasnt the case in Ferguson.
He actually testified, the officer. That generally doesnt happen in a grand jury because the person doesnt really know whats happening the state of California for the most part, Rosenfeld said.
Theres another big difference in terms of burden of proof.
Their grand jury has to actually believe the prosecution can prove their case beyond a reasonable doubt, he said. In California its just enough that a case should go to trial or could go to trial.
In California you either get a special summons, or you can apply by contacting your local countys jury commissioner and be willing to make a time commitment.
Grand juries generally convene for a year and the people who are allowed to be on and accept the responsibility of it, understand they can be impaneled for a year, he said.
Meaning they need to be ready to go at a moments notice to hand down a recommendation that can change the course of someones life.”
ahem “The Criminal Grand Jury consists of 23 members and a designated number of alternates. It is impaneled monthly and the term of service is typically 30 calendar days unless otherwise required by the District Attorneys Office. The Criminal Grand Jury is selected at random from the petit jury list to ensure that a reasonable representative cross-section of the entire county is eligible for this jury service. All persons qualified for Criminal Grand Jury service have an obligation to serve when summoned.
The Criminal Grand Jury hears evidence brought by the District Attorneys Office to determine on the basis of this evidence whether a crime has been committed and whether a certain person should be charged with a crime and required to stand trial in the Superior Court. Specifically, the Criminal Grand Jury must decide if there is a strong suspicion the individual committed the crime alleged.
The Civil Grand Jury consists of 23 members and a designated number of alternates. Members of the Civil Grand Jury are selected from a volunteer pool or are nominated directly by a Superior Court judge. The final 23 members are selected randomly by computer. Each July these citizens are sworn in as grand jurors for a 12-month period ending June of the following year. Service is a full-time job.
The responsibilities of the Civil Grand Jury include the examination of all aspects of county government, all municipalities, and special districts, to ensure that the County is being governed honestly and efficiently and that county monies are being handled appropriately. The Civil Grand Jury is further charged with investigating individual complaints from citizens. By statute the Grand Jury is required to inquire regarding the conditions and management of all public prisons within the County of Los Angeles.”