Office
of Jury CommissionerThe GRAND JUROR'S
HANDBOOK
Office
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The GRAND JUROR'S
HANDBOOK
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OFFICE OF JURY COMMISSIONER,
560 HARRISON AVENUE, SUITE 600
BOSTON, MA. 02118-2447
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ONLINE TEXT OF THE GRAND JUROR HANDBOOK:You probably have questions regarding your duties and responsibilities as a grand juror. This handbook will answer the questions that are most commonly asked. You are expected to read this handbook carefully so that you will be better prepared to serve as a grand juror.
The information in this handbook is general. It is not intended to take the place of the instructions of the judge. In the event of conflict, the judge's instructions must be followed.
This handbook has been prepared with the guidance and supervision of the Jury Management Advisory Committee. Comments and suggestions for the improvement of the handbook are welcome.
I trust that you will find grand juror service an interesting and rewarding experience.Respectfully,
Jury Commissioner for the Commonwealth
October 1994, Fourth Edition
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LEGAL TERMS
Affidavit - a written declaration or statement of facts, made voluntarily, and confirmed by oath or affirmation.
Criminal Charge - accusation of a crime by a formal complaint or indictment.
Defendant - the person defending or denying; the accused in a criminal case.Evidence - the means by which one attempts to prove or disprove an alleged fact. That which demonstrates, makes clear, or ascertains the truth of the fact or point in issue. Evidence is usually presented by the testimony of witnesses or by documents.
There are, generally speaking, two types of evidence. One is direct evidence, such as the testimony of an eyewitness. The other is indirect or circumstantial evidence - the proof of a chain of circumstances pointing to the existence or non-existence of certain facts.Grand Jury - a body of citizens whose duties consist of determining whether probable cause exists that a crime has been committed and whether an indictment should be returned against one for such a crime. It is an accusatory body, and its function does not include determination of guilt.
Indictment - an accusation in writing found and presented by a grand jury, charging that a person therein named has done some act, or been guilty of some omission, which by law is a public offense. An indictment is referred to as a "true bill," whereas a refusal to indict is called a "no bill." An indictment is only an accusation. Its sole purpose is to identify the defendant's alleged offense, and is not evidence that the offense charged was committed or that the person charged committed that offense.
Impanelment - All the steps of determining who shall be the proper jurors to sit as members of the grand jury in its final formation, also called "voir dire" ("vwah-dear").Preliminary Hearing - a court proceeding to determine if enough evidence exists to present a case to a grand jury for consideration.
Presentment - The formal delivery of indictments and no-bills to a Justice in open court session in the presence of all members of the grand jury.
Probable Cause - reasonable cause; an apparent state of facts found to exist upon presentation of evidence to members of the grand jury that would lead a reasonably intelligent and prudent person to believe that the accused person has committed the crime charged.
Prosecutor - one who instigates an investigation by making an affidavit charging a named person with an offense on which a warrant is issued or an indictment or information is based. The prosecutor may be the Attorney General, Assistant Attorney General, the District Attorney, or an Assistant District Attorney.
Q. When and where must I report for grand juror service?
A. Please refer to the Grand Juror Summons Form.
Back to Top of PageQ. How do I get to the courthouse? Where will I park my car? Where will I eat lunch?
A. A map, directions, and an indication of parking availability will be mailed to you as an appendix to this handbook approximately 10 days prior to your scheduled day of service. The grand jury court officer will give you the location of restaurants on your first day of service. You will have to pay for your lunch. You may bring a lunch, but refrigeration is not provided.
Back to Top of PageQ. Whom should I notify in the event I cannot appear for juror service?
A. You may call the juror information number (1-800-THE-JURY / 1-800-843-5879) in the event that you cannot appear for juror service on your first scheduled day of service. You may or may not be impaneled. However, if on the first day you have been impaneled as a grand juror and cannot appear on your second day of service, or any day after that, you must call the courthouse directly. You must be seriously ill or involved in an emergency. The court is very strict. Remember, the judge, prosecutor, witnesses, and other jurors are relying on your presence.
Back to Top of PageQ. How does the grand jury operate?
A. On the first day of service, approximately 45-60 prospective grand jurors will appear at a designated courthouse as scheduled. From this group, a total of 23 persons will be chosen to form the grand jury. Alternates may be selected in the event of illness or emergency situations to replace one or more of the regular grand jurors.
Those prospective jurors not selected will be dismissed and credited with attendance for the one day.
The grand jury elects its own foreperson. The foreperson's vote counts the same as all other grand jurors. The foreperson has the responsibility of administering oaths to witnesses and calling witnesses that the prosecutor has not called. The foreperson must sign each indictment and no-bill, and return to the court a list of all witnesses sworn before the grand jury.
The grand jury elects its own clerk to keep a record of all witnesses (in order of appearance) and all indictments and no-bills for presentment to the court.
Back to Top of PageQ. How was I selected for grand juror service?
A. You were selected at random by a computer from population lists. Each year, each city and town in Massachusetts compiles a list of all of its residents. Grand jurors are selected from these lists by a random-selection computer program. Some people think that if they do not register to vote they will not be selected as a juror. This is wrong. Any person who is a resident of a city or town (and who meets certain other basic requirements such as being a U.S. citizen and able to understand the English language) may be selected as a grand juror even if that person has not registered to vote.
Back to Top of PageQ. How long will I serve?
A. The grand jury sits for a term of three (3) months. The number of days you must report each week, however, varies greatly from county to county, depending on the volume of business. The prosecutor will instruct you more precisely on your first day of service. Generally speaking, grand jurors report for service one-to-three days each week during the 3 month session. On other days, grand jurors are placed on standby status, and may return to their normal daily routines. The term of your service may be enlarged beyond the 3 month period in order to allow you to complete deliberations on which you are working at the conclusion of your normal term. When this occurs, you will be recalled to complete those deliberations; you will not take up any new business.
Back to Top of PageQ. Are many people excused from serving on a grand jury?
A. Juror service is a civic duty that every citizen must perform. No citizens are exempted solely because of profession or occupation. However, due to the lengthy term of service, the court does excuse some people based on individual incapacity, or for some other specific hardship reason. You will appear before a judge on your first morning of grand juror service. At that time you will be given an opportunity to raise any problems you might have concerning your service as a grand juror. You should make an attempt to resolve any personal problems before your first day of juror service by calling the Juror Information Telephone Number: 1-800-THE-JURY [1-800-843-5879].
Back to Top of PageQ. Grand jury service sounds complicated. Will I understand the proceedings?
A. Remember that the function of a jury is to find the truth. Grand jurors have to decide which evidence to believe and which evidence not to believe. It is wrong to think that a highly educated individual is any better equipped to determine which witnesses are telling the truth and which are not telling the truth. Moreover, the grand jury's investigation is a group finding; it is not the decision of any single person. You should have confidence in our Constitution, which requires citizens, like you, to participate on a grand jury. If you forget a point, another juror may remember it, and you may remember another point that another juror has overlooked. For many centuries, our jury system has worked well with citizens serving as jurors.
Back to Top of PageQ. What should I wear?
A. Serving as a grand juror is a serious and formal occasion. Clothes appropriate to a dignified occasion should be worn. It is important that a juror's appearance and attitude reflect the seriousness of the occasion.
Back to Top of PageQ. What happens if there is an emergency while I am serving on the grand jury?
A. In an emergency, the judge can excuse you. Of course, the emergency must be real, and the judge will decide whether or not you may be excused.
Back to Top of PageQ. Suppose there is an emergency at home while I am serving on the grand jury. How will my family contact me?
A. In an emergency, you may be contacted via the District Attorney's Office. The person in charge of the grand jury will provide this number to you on your first day of service.
Back to Top of PageQ. What do I do if I am not feeling well or have some personal problem while serving on the grand jury?
A. You should be as comfortable as possible during your grand juror service. If you require assistance, bring the matter to the attention of the court. It is extremely important that you hear the testimony of each witness. Do not hesitate to raise your hand if you cannot hear or if you have a personal problem.
Back to Top of PageQ. Once I've served my term as a grand juror, when will I be qualified to serve as a juror again?
A. One of the statutory qualifications for jury service is that the person has not served as a grand or trial juror in a state or federal court within the current year or previous 3 calendar years.
Back to Top of PageQ. What is the policy concerning the compensation of grand jurors?
A. The compensation and reimbursement policy of the jury statute is structured to prevent financial hardship from being imposed upon any juror because of the performance of juror service. Where financial hardship exists, the court attempts to place the juror into the same financial position as such juror would have been were it not for the performance of juror service.
Back to Top of PageQ. Will my employer pay me while I am serving on a grand jury?
A. The law requires that each regularly employed juror shall be paid regular wages by the employer for the first 3 days, or part thereof, of juror service. Regular employment shall include part-time, temporary, and casual employment.
Back to Top of PageQ. I am self-employed. Who will pay me for juror service?
A. If you are a self-employed grand juror, you receive no compensation from the Commonwealth for the first 3 days of service unless you can prove extreme financial hardship to the court. If you serve for more than 3 days, the state will pay you up to $50 per day after the 3rd day.
Back to Top of PageQ. What if my employer cannot afford to pay me for my first 3 days of grand juror service?
A. The court may excuse an employer from this duty if it finds that an extreme financial hardship would be imposed upon the employer or the self-employed grand juror. In such cases, the court will award reasonable compensation to the grand juror for the first 3 days in an amount not to exceed $50 per day.
Back to Top of PageQ. Does the court pay grand jurors after the 3rd day of service?
A. Each grand juror who serves more than 3 days will be compensated by the Commonwealth for the 4th day of service and each day of service after that at the daily compensation rate for the particular grand juror as determined by the court following a review of the juror's completed confidential financial questionnaire. This compensation shall not exceed $50 per day. Grand jurors must notify the court if the information on the questionnaire changes during the term of service. Those grand jurors who failed to complete the confidential financial questionnaire at the time of summoning must complete the questionnaire on their first day of service when they arrive at the juror assembly area in the courthouse in which they will perform their grand juror service.
Back to Top of PageQ. What about unemployed grand jurors?
A. A homemaker, student, retired, or unemployed person may be reimbursed for reasonable out-of-pocket expenses (except food) incurred during the first 3 days of juror service. Unemployed grand jurors who serve more than 3 days will receive from the Commonwealth $50 per day starting with the 4th day of service.
Back to Top of PageQ. How do I claim reimbursement? When will I receive payment?
A. If you are unemployed and wish to claim reasonable out-of-pocket expenses, you may do so by completing the reimbursement form on your first day of grand juror service. The court will furnish you with this form upon request. If you qualify for reimbursement, your request will be processed immediately and a check will be mailed to you within two weeks after your first day of service.
Back to Top of PageQ. My employer requires proof of my term of juror service in order to pay me. Will I receive any documentation proving that I actually appeared at the courthouse and served as a grand juror?
A. Each week the Office of Jury Commissioner will mail juror service certificates to those grand jurors who have performed juror service during the previous week. A grand juror who seeks compensation from an employer for juror service should give the employer's copy of the service certificate to the employer as soon as possible after its receipt.
Any problems or mistakes that arise in the certificates or the checks received for juror service should be brought to the attention of the courts. The Office of Jury Commissioner will be notified, and the problem rectified.
Back to Top of PageQ. What is a grand jury?
A. A grand jury is a body of 23 persons working as a unit to hear evidence that is presented by the prosecutor. Its function is to consider this evidence, then decide if enough evidence exists to indict (bring a criminal charge against) a person or corporation. The grand jury does not decide the guilt or innocence of the accused, rather, it decides if there is probable cause to bring the accused to trial. Thus, the grand jury's work is a pre-trial function of the court.
Back to Top of PageQ. What are the most important qualifications of a grand juror?
A. The most important qualifications of a grand juror are fairness and impartiality. A grand juror must be led by intelligence, not by emotions. A grand juror must put aside all bias and prejudice, and must treat with equal fairness the rich and the poor, the old and the young, men and women, corporations and individuals, the government and citizens. A grand juror must render justice without any regard for race, color or creed.
Back to Top of PageQ. What are the responsibilities of a grand jury?
A. Grand jurors are an integral part of the court acting under the authority of the court. Their responsibilities are of a most solemn and serious nature. However, no statute exists in the Commonwealth that defines the duties of grand jurors. The best description of the nature of these duties may be found in the impaneling oath or affirmation administered to all grand jurors:
"You, as grand jurors of this inquest for the body of this county of __________, do solemnly swear that you will diligently inquire, and true presentment make of all such matters and things as shall be given you in charge; the commonwealth's counsel, your fellows' and your own, you shall keep secret; you shall present no man for envy, hatred, or malice, neither shall you leave any man unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly, as they come to your knowledge, according to the best of your understanding; so help you God."
Back to Top of PageQ. How does a grand jury differ from a trial jury?
A. There are major differences between a grand jury and a trial jury. The grand jury's proceedings occur before a trial begins. The grand jury ordinarily hears evidence only in support of a charge made by the prosecutor. This procedure is called a grand jury investigation. The investigation results in either a "true bill" (an issuance of an indictment based on probable cause) or a "no bill" (a refusal to indict). Although exceptional cases may justify a departure from this rule, there is no right for a potential defendant to be present when the grand jury is considering returning an indictment. Therefore, grand jurors work very closely with the prosecuting attorney in assessing the evidence.
For the protection of all parties, grand jury proceedings are secret. Any procedure whereby a grand jury examines witnesses in the presence of other witnesses, bystanders, or judges destroys the principal oath of secrecy which all grand jurors are required to take.
Exceptions to this rule are made when, for example, a witness does not speak English and requires an interpreter to be present, or a witness requires a police guard, or additional members of the prosecuting staff are present for various reasons. A witness is entitled to have legal counsel present, however, the counsel is not permitted to address the grand jury.
A trial jury on the other hand, is generally composed of 12 jurors plus alternates (6 jurors plus alternates in District Court jurisdictions). It consists of a group of impartial jurors that listen to evidence presented by both the prosecution and defense. A trial jury concerns itself only with the issues at hand for a particular trial. The issues may involve civil or criminal matters, misdemeanors or felonies.
In deliberation, the jurors sort out the facts and apply the law as presented by the court. The result of a trial jury's deliberations is called a verdict: the determination of the innocence or guilt of a defendant in a criminal case, or a finding for the plaintiff or defendant in a civil case. Although the trial jury's deliberations are conducted in secret, all evidence presented to the jury is public information. With the exception of sentencing and possible appeals, the trial jury's verdict ends the judicial process.
Back to Top of PageQ. How should I act as a grand juror outside the court? May I discuss an ongoing investigation with anyone?
A. For the protection of all parties, grand juror proceedings are secret. Grand jurors are sworn to secrecy in the impaneling oath administered at the beginning of the term of grand juror service.
If an individual attempts to discuss an ongoing deliberation with you, refuse to discuss the deliberation and report the incident to the court. You may see or hear witnesses or newspersons in the hallways, elevators, cafeteria, or on the street. If anyone starts to discuss the case in your presence (even if the conversation is not directed to you), immediately interrupt and inform them that you are a grand juror and that the case must not be discussed in your presence. If the individual persists, you must inform the court of the episode.
You should not discuss an ongoing investigation with your family, friends, or neighbors. Your family and friends will respect your serious approach to being a grand juror. You should not discuss an ongoing case even with a fellow grand juror except during investigations. When all of the evidence has been presented, your opinions, as well as those of your fellow grand jurors, will be shared with all members of the grand jury. In summary, you should refuse to discuss an ongoing case with anyone except your fellow grand jurors during deliberations.
Back to Top of PageQ. When the term is completed, will I be subject to questioning about my work as a grand juror?
A. Unless ordered or authorized by the court, no person has the authority to question you about your work as a grand juror.
Unless ordered or authorized by the court, you must not reveal the names of fellow jurors, how any juror voted at any stage of deliberations, or any of the testimony, discussions, or other sensitive matters that occurred during your secret deliberations as a grand juror.
If any person should attempt to harass you or embarrass you or seek information which would harass or embarrass a fellow juror or seek to learn what occurred in the privacy of the grand jury hearing room, you should report this to the court immediately. It is very important that the integrity of our grand jury system be maintained.
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The Court System Is Committed to Treating All Jurors Fairly and Respectfully Regardless of Race, Color, Religious Creed, National Origin, Sex, Age, Ancestry, Handicap, or Sexual Orientation. If You Feel That You Have Experienced or Witnessed Discriminatory Treatment During the Term of Your Service, We Would like to Know.
Please Call the Juror Information Line at 1-800-THE-JURY [1-800-843-5879].Trial Juror Service Grand Juror Service Federal Juror Service Navigational Map of this Site
Courthouse Information About the Massachusetts Jury System The Source List
Summonsing to Service Delinquent Juror Prosecution Program Public Outreach Program
Related Materials Related Links Frequently Asked Questions Go Back to the Home Page