In North Carolina, a person must be indicted by a grand jury or must waive the right to indictment before he or she may prosecuted in superior court for a felony offense. N.C. Const. Art. 1, § 22. The right to a grand jury determination of whether a person must stand trial for a felony has been characterized as “one of the greatest safeguards of the freedom of the citizen.” State v. Barker, 107 N.C. 913, 919 (1890) Grand juries consist of 18 members who typically serve 12-month terms, with nine grand jurors rotating off the grand jury every six months. At least 12 grand jurors must be present for the grand jury to lawfully conduct its business. In contrast to the time-consuming voir dire associated with the selection of petit jurors for individual criminal trials, selection of grand jurors is a relatively brief process. The superior court judge presiding over the first session of criminal superior court after each January 1 and July 1 reviews questionnaires completed by grand jurors to determine whether those jurors randomly selected from the pool of summoned jurors meet the qualifications set forth in G.S. 9-3. G.S. 15A-622(b). The judge then considers hardship excuses related to the person’s inability to carry out the service of a grand juror. The judge does not inquire into potential grand jurors’ experiences, predilections, or knowledge of those involved in the case – issues frequently explored during the selection of trial jurors. Because the matters to be presented to the [...]
Faculty Coordinators
