If I'm a grand juror, what should I do if I know someone we investigate?

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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

If I'm a grand juror, what should I do if I know someone we investigate?

I=ve been called for jury duty and told that I may be chosen to serve on our county grand jury. If I am seated as a grand jury member what should I do if I am involved in an action against someone that I know?

Response: You should bring this to the prosecutor's attention. In the grand jury context, courts generally worry much less about jurors having knowledge of a case or even some bias. The theory is that the grand jury, at most, simply returns charges, and if someone is charged, they will have the right to a trial by unbiased trial jurors and will, therefore, be able to establish their innocence. Since I think that theory vastly underestimates the expense, trauma, etc. of having to go to trial, I would encourage you to let the prosecutor(s) know if and when you feel you have personal knowledge that might influence your actions as a grand juror. They can then decide what they want to do.

Or a case where I had knowledge of it?

[Same answer as above.]

I am looking forward to serving and can not understand why people wish to dodge their civil duty. Have had people ask me if I was going to try and get out of it. My answer is, I spent 10 years of my life protecting my country [USN] and our system why in hell would I stop now!

Response: Good for you! I think grand jury duty is a very important civic obligation, and it's nice to hear from someone who's prepared to take it seriously. I'm sure you'll do a good job.

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