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Massachusetts Grand Jury Indictment Process

Understanding the Role of Grand Juries in Massachusetts

A Guide to the Grand Jurors Handbook

Introduction

As a citizen of Massachusetts, you may receive a summons to serve on a grand jury. This handbook provides essential information about the grand jury process, your responsibilities as a grand juror, and the laws that govern grand jury practice in the state.

Grand Jury Formation and Function

A grand jury is a group of citizens selected to review evidence presented by the prosecution and determine whether there is probable cause to believe that a crime has been committed. The grand jury has the authority to subpoena witnesses and examine documents.

Grand Jury Proceedings

Grand jury proceedings are confidential, and jurors are not allowed to discuss them outside of the jury room. The prosecution presents its case to the grand jury, including evidence and witness testimony. The grand jury then deliberates and votes on whether to issue an indictment, which formally charges a person with a crime.

Indictment and No Bill Decisions

If the grand jury votes to issue an indictment, the accused person will be charged with the crime. If the grand jury votes "no bill," the accusation will be dismissed before being formally charged.

Juror Responsibilities

As a grand juror, you have the following responsibilities:

  • Attend all scheduled proceedings
  • Review evidence presented by the prosecution
  • Listen to witness testimony
  • Participate in deliberations
  • Vote on whether to issue an indictment

Additional Information

For more detailed information about Massachusetts grand jury practice, please refer to Rule 5 of the Massachusetts Rules of Criminal Procedure.
Massachusetts Rules of Criminal Procedure - Rule 5


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