Unit 4: Selection and Crime Scene Process

Testimony Before a Grand Jury

Unless there is a waiver of indictment, all felony cases must be presented to the grand jury to determine whether an indictment shall be returned against the defendant.

Testimony before a grand jury is secret. Only the government’s prosecutor presents evidence and the defendant and his counsel are not present. The officer is only authorized to be in the courtroom while he is testifying.

The prosecutor will prepare an indictment charging the crime. An indictment is similar to a complaint except that an indictment is signed by the foreperson of the grand jury and by the prosecutor.

When an officer is called upon to testify before the grand jury, he should review the case file and be prepared to answer such questions as may be put to him by members of the grand jury and by the prosecutor. Testimony given before a grand jury should not be disclosed except at the trial of the case and with the consent of the prosecutor or the court.

If the defendant is found guilty, the court sets a date for a sentencing hearing. There may be occasions when an officer may be called to testify at this hearing. Sometimes there may be evidence demonstrating the purposefulness of a defendant’s actions that is inadmissible at trial, but relevant to the question of what the appropriate sentence should be. If an officer is notified to appear at a sentencing hearing, he should review with the prosecutor the substance of his testimony.