Grand Jury Process
The grand jury process in Alaska is a legal proceeding in which a group of citizens, known as grand jurors, investigate and decide whether to return an indictment or report.
The process is governed by the Alaska Constitution and statutes.
Alaska Constitution, Article 1, Section 8: The power of grand juries to investigate and make recommendations concerning the public welfare or safety shall never be suspended.
Alaska Statute 12.40.030: “Duty of inquiry into crimes and general powers.The grand jury shall inquire into all crimes committed or triable within the jurisdiction of the court and present them to the court. The grand jury shall have the power to investigate and make recommendations concerning the public welfare or safety.”
Alaska Statute 12.40.040: “Juror to disclose knowledge of crime.If an individual grand juror knows or has reason to believe that a crime has been committed that is triable by the court, the juror shall disclose it to the other jurors, who shall investigate it.”
The main steps in the grand jury process in Alaska are as follows:
- Impanelment: Grand juries are impaneled in each judicial district at such times as the court may direct. Grand juries are composed of 12 citizens who are selected at random from the same source and in the same manner as petit jurors.
- Charge: The court charges the grand jury with the duty of inquiring into all public offenses committed or triable within the district, and of finding indictments when in their judgment there is sufficient legal evidence to justify an indictment.
- Investigation: The grand jury conducts an investigation into criminal offenses by subpoenaing witnesses and evidence. Grand jury investigations are secret and not open to the public.
- Review of evidence: The grand jury reviews the evidence presented by the prosecution, including physical evidence and witness testimony, to determine if there is enough evidence to support an indictment.
- Decision-making: The grand jury makes a decision on whether to return an indictment, based on the evidence presented and the testimony of witnesses. At least 9 members of the grand jury must concur in order to return an indictment.
- Indictment: If the grand jury decides to return an indictment, it is presented to the court. The indictment is a formal accusation of criminal conduct and is the first step in the criminal trial process.
- Termination: The grand jury’s term is usually for 6 months, but can be extended for 18 months if deemed necessary by the court.
It’s important to note that in Alaska, the grand jury process is separate from the trial process and that grand jurors are not involved in determining a defendant’s guilt or innocence, they only decide whether there is enough evidence to justify an indictment. Also, the grand jury process is separate from the trial process, and the defendant has the right to a trial by jury, where they will be represented by an attorney, and the prosecution must prove their guilt beyond a reasonable doubt.
It’s also worth mentioning that the grand jury process in Alaska is not open to the public, grand jury proceedings are secret, and grand jurors are bound by oath to keep the proceedings secret, and to not disclose any information about the proceedings, unless authorized by law.
In addition, it’s important to note that the grand jury process in Alaska may also include the power to investigate civil matters such as fraud, corruption, and abuse of public office, as well as the power to investigate their own misconduct.