Things I've Learned

Grand Juries: Some Suggestions on Note-Taking

In which I share some things I only figured out after over a month of grand-jurying.

If your grand jury is anything like mine, each session you have a pad of paper with your name on it, that you get back every week, and a docket list listing the cases for that week, and for each case, the case number, name of the accused, name of the police officer, list of charges, and some other details.

The docket has a lot of blank space on it, so you can take notes. The pad of paper is also good for taking notes. However, note that the pad stays, while the docket is different every week. So try to use the margins of the docket for things that only matter that week, and use the pad for notes that you’ll want to refer to in future weeks.

The latter category includes things like:

  • Legal definitions: what’s the difference between first-, second-, and third-degree burglary? How much heroin is considered “personal use”, and how much is possession with intent to distribute?
  • Anything to do with ongoing cases. In particular, if you hear from a witness one week, it’s likely that you’ll hear from another witness in the same case another week. You’ll be happy you wrote down names and places: it’ll help you get a better idea of what went on.
  • Anything else you might need to know in weeks to come, like the phone number of the courthouse, or the names of your co-jurors.

Now, the docket lists the cases you’ll be hearing that week. But if your case load is anything like mine, you’ll hear anywhere from twenty to forty cases per session, so by the time you’re ready to vote, you won’t be able to keep all of the different cases straight.

This means that as the police officer (or whoever) reads the police report for each case, you need to listen for the elements of the crime the person is charged with. Put a check mark next to each one as you hear it: if the report contains “… a search of the vehicle revealed a digital scale, forty baggies, and twelve rounds of ammunition”, you can check off “possession of drug paraphernalia” and “illegal possession of ammunition”.

If the report later says, “upon questioning, Smith said that the baggies were his, but the bullets belonged to his friend”, you can add an A (for “admitted”) next to “possession of drug paraphernalia”, in case that makes it easier to determine whether there’s probable cause.

During the reading of the report, pay attention to where the information came from: if it begins with “On April 17, defendant Smith threatened victim Jones with a pistol”, who is saying that? Witnesses? A police officer describing surveillance camera footage? As a grand juror, you’re not determining guilt or innocence; only probable cause. In practice, “no probable cause” means that a cop made it up, or something along those lines. It’s a low bar to hurdle, but make sure you do.

Don’t be afraid to ask where the information comes from. If you or someone you cared about were accused of a crime, would you want them indicted by someone who simply took a cop’s word for it, and didn’t ask any questions?