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Understanding The Grand Jury In The Casey Anthony Case

Tuesday, October 14, 2008 12:53:39 PM
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Casey Anthony in custody; Cayee Anthony (inset)

Additional Information

Florida only holds a grand jury for capital cases -- any crime for which the maximum punishment is death.


How The Grand Jury Works

People who have state driver’s licenses or identification cards are selected at random to serve on the grand jury.

Jurors can ask witnesses questions and, if needed, ask to hear from specific witnesses. However, the state cannot force Casey Anthony to testify if she does not volunteer, and prosecutors must also question any witnesses who can offer evidence that could clear her.

The state has to prove only probable cause to charge Anthony with a crime. Proving a case beyond a reasonable doubt is the standard for a criminal trial.


Closed To The Public

What happens before a grand jury is secret and not open to the public.

By law, witnesses, jurors and prosecutors are not allowed to talk about testimony. If they do, they may be held in contempt of court.

The media is also not allowed in the grand jury proceedings, to ensure the witnesses and jurors are free from outside pressures.

However, participants can speak about the proceeding once the grand jury makes a decision.


The Decision

After witnesses are questioned and evidence is presented, the jurors will talk about what they heard, and will make a decision.

It takes only 12 jurors to agree when deciding what to do.

The jury could opt for a lesser degree of murder, such as manslaughter. They can also issue a "true bill," which becomes an indictment once it is filed with the court. The indictment remains sealed to the public until authorities take the defendant into custody, which could happen the same day.


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