OR law: Under Oregon law, a grand jury’s job is to determine whether the evidence presented to it, if uncontradicted or unexplained at trial, is sufficient to support a conviction. ORS 132.390. Generally speaking, the rules of evidence apply, ORS 132.320, and national standards remind prosecutors to respect the panel’s independence and to not unduly influence its decisions.1
Bradley Berry, the president of the Oregon District Attorneys Association, says that in his experience, grand juries do function independently.
"It is a misconception that grand juries are a rubber stamp for the prosecution," he says. "They truly act independently in my experience, issuing ‘true bills’ most of the time; adding, deleting or changing charges; and issuing ‘not true bills’ when the evidence doesn’t support a ‘true bill’ finding."
Under Oregon law, a grand jury proceeding is one of two prosecutorial options for getting a felony charge before a trial jury. (The other is a preliminary hearing before a magistrate, Oregon Constitution, Article VII, Section 5.)
Until 1983, Oregon district attorneys had the option to use either procedure at will. Then, the Oregon Supreme Court ruled that failure to have a consistent policy for the use of grand juries versus preliminary hearings violated prospective defendants’ Constitutional rights to equal protection and due process. State v. Freeland, 295 Or 367, 370, 667 P2d 509 (1983).
Bradley Berry, the president of the Oregon District Attorneys Association, says that in his experience, grand juries do function independently.
"It is a misconception that grand juries are a rubber stamp for the prosecution," he says. "They truly act independently in my experience, issuing ‘true bills’ most of the time; adding, deleting or changing charges; and issuing ‘not true bills’ when the evidence doesn’t support a ‘true bill’ finding."
Under Oregon law, a grand jury proceeding is one of two prosecutorial options for getting a felony charge before a trial jury. (The other is a preliminary hearing before a magistrate, Oregon Constitution, Article VII, Section 5.)
Until 1983, Oregon district attorneys had the option to use either procedure at will. Then, the Oregon Supreme Court ruled that failure to have a consistent policy for the use of grand juries versus preliminary hearings violated prospective defendants’ Constitutional rights to equal protection and due process. State v. Freeland, 295 Or 367, 370, 667 P2d 509 (1983).