History and Function of the Grand Jury

History of the Grand Jury

The present grand jury system evolved from the earlier ecclesiastical courts beginning in 1164 when King Henry II of England impaneled the first 16-man Grand Jury to remove criminal indictments from the hands of the church. In 1635, the first American Grand Jury was impaneled in the Massachusetts Bay Colony. By 1638, grand juries were present in all the colonies. These early Grand Juries began the practice of returning "presentments" which were primarily against public officials and different from criminal indictments.

Forty-two states use some form of the Grand Jury system. California is a State that allows prosecution to be initiated either by a Criminal Grand Jury indictment or by judicial preliminary hearing. California impanels County Civil Grand Juries every year to conduct civil investigations of county and city government and to hear evidence to make recommendations or to decide to return indictments.

Function of Mariposa County Grand Jury

The Mariposa Grand Jury is a judicial body consisting of 11 citizens. It is impaneled to act as an "arm of the court," as authorized by the Fifth Amendment of the United States Constitution and the Constitution of the State of California, to be a voice of the people and conscience of the community. A Civil Grand Jury is impaneled in Mariposa County each year in July. A Criminal Grand Jury may be impaneled in the County if deemed necessary by the Superior Court Judge.

The Grand Jury is charged with a grave responsibility. It serves as an ombudsperson for the citizens of Mariposa County. The entire population of the county is affected by an active Civil Grand Jury. Malevolent and unfaithful public servants feel uneasy because unlawful acts may be uncovered, while honest citizens and conscientious public servants are reassured that there is a "watchdog" over inappropriate and illegal activity. Therefore, Civil Grand Jury Service calls for diligence, impartiality, courage, and responsibility.

The Grand Jury submits meaningful solutions to a wide range of problems. It is a volunteer, fact-finding body with the potential to create positive and constructive changes. The Grand Jury is an investigative body created for the protection of society and the enforcement of the law. Although the responsibilities of the Grand Jury are many and diverse, the three prominent functions include:

A. Civil Government Oversight

This is the major function of the Mariposa County Grand Jury, and considerable effort is devoted to these responsibilities. The grand jury may examine all aspects of county government and special districts within the county to insure that the best interest of Mariposa citizens are being served. The Grand Jury reviews and evaluates procedures, methods, and systems utilized by county government to determine whether more efficient and economical programs may be employed. The Grand Jury is also authorized to:

  • Inspect and audit books, records and financial expenditures to ensure that public funds are properly accounted for and legally spent;
  • Inspect the financial records of special districts in Mariposa County;
  • Inquire into and inspect the condition of jails and detention centers in Mariposa County;
  • Investigate any charges of willful misconduct in office by public officials or County employees.
  • B. Citizen Complaints

    As part of the civil function, the Grand Jury receives many complaints from citizens alleging mistreatment by public officials, suspicions of misconduct or governmental inefficiencies. All complaints received from citizens are reviewed and acknowledged in writing. If the subject of the complaint falls within the jurisdiction of the Grand Jury, and the Grand Jury as a whole sees fit, the complaint will be investigated. All complaints to the Grand Jury are kept confidential.

    To submit a complaint to the grand Jury, send a completed Grand Jury Complaint Form to:

    Mariposa County Grand Jury

    P. O. Box 789

    Mariposa, CA 95338

    Please first consider if your complaint falls within the jurisdiction of the Grand Jury as outlined above, and include your name, address and phone number as well as your signature.

    C. Criminal Investigations

    Occasionally, under certain circumstances, a special Criminal Grand Jury is selected to hold hearings to determine whether evidence presented by the District Attorney is of a sufficient nature to warrant a person to stand trial in a court. The types of cases presented to the Grand Jury by the District Attorney usually include:

  • Cases involving public officials or employees
  • Cases involving police officers
  • Cases in which the statute of limitations is about to expire
  • White collar crimes, and
  • Other cases the District Attorney deems appropriate
  • Jurisdiction

    The jurisdiction of the Mariposa County Grand Jury is limited by statute and has no jurisdiction or authority to investigate any Federal or State agencies. Grand Jury jurisdiction extends to the workings of Mariposa County Government, Special Districts or Joint Powers Agencies within the County, and County Public Officials.

    Reports

    The Grand Jury issues its final report each year in late June. The report is available to all county residents, and is delivered to the news media and to the heads of affected government agencies. Affected agencies are required to the report findings and recommendations within 60 to 90 days. Those responses are also made available to the public. The Grand Jury may release individual reports as they are completed during the year. Mariposa County Grand Jury reports are available at the County Library or by clicking the links below.

    Click here to view the 2006-2007 Report

    Click here to view the 2003-2004 Report

    Responses to the 2003-2004 Report

    Click here to view the 2002-2003 Report

    Click here to view the 1996-1997 Report

    Click here to view the 1995-1996 Report

    Grand Jury work is demanding. Rewards for Grand Jury work come mostly from increased knowledge of local government, the judicial system, and the satisfaction of making a worthwhile contribution to the improvement of Mariposa County government operations.

    At the end of its term, the Mariposa County Grand Jury issues a final report on whatever aspects of Mariposa County Government were investigated within its term. The final report will contain the findings of the investigation and recommendations for solutions to any problems found. The Mariposa County Board of Supervisors must comment upon the Grand Jury’s recommendations within 90 days of the report being issued.

    Frequently Asked Questions

                                                         


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