77-10a-10 - Charge of grand jury -- Rights and duties.
77-10a-10. Charge of grand jury -- Rights and duties.
Upon impanelment of each grand jury, the judge managing the grand jury shall charge thegrand jury and inform it of:
(1) its duty to inquire into offenses against the criminal laws alleged to have beencommitted within the jurisdiction;
(2) its independent right to call and interrogate witnesses;
(3) its right to request the production of documents or other evidence, includingexculpatory evidence;
(4) the necessity of finding credible evidence of each material element of any crimecharged before returning an indictment;
(5) the need to be satisfied that clear and convincing evidence exists that tends to showthat a crime was committed by the person or persons accused before returning an indictment;
(6) its right to have the prosecutor present it with draft indictments for less seriouscharges than those originally requested by the prosecutor;
(7) the obligation of secrecy; and
(8) other duties and rights as the court finds advisable.
Enacted by Chapter 318, 1990 General Session