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house of delegates resolutions
104J
ADOPTED

Urges Amendment to the Model Grand Jury Charge

RESOLVED, That the _ urges the Judicial Conference of the United States to amend the Model Grand Jury Charge as follows:

a)     Delete paragraph 10 (which now reads: “Furthermore, when deciding whether or not to indict, you should not consider punishment in the event of conviction.”);

b)    Revise paragraph 23 (to read: “Frequently, charges are made against more than one person. It will be your duty to examine the evidence as it relates to each person, and to make your finding as to each person. In other words, where charges are made against more than one person, you may indict only those persons who you believe properly deserve indictment.  You must remember to consider the charges against each person separately.”); and

c)     Revise paragraph 25 (to read: “To return an indictment charging an individual with an offense, it is not necessary that you find that individual guilty beyond a reasonable doubt. You are not a trial jury and your task is not to decide the guilt or innocence of the person charged. Your task is to determine whether the government’s evidence as presented to you is sufficient to cause you to conclude that there is probable cause to believe that the person being investigated committed the offense charged. To put it another way, you may vote to indict only where the evidence presented to you is sufficiently strong to warrant a reasonable person’s belief that the person being investigated is probably guilty of the offense charged.”).


Related video: ABA House of Delegates Passes Resolution 104J on Model Grand Jury Charge