Is a grand jury's power to report the result of an investigation into sexual assault limited to a charge or indictment?

California, United States of America


The following excerpt is from People v. Superior Court (1 Grand Jury), 119 Cal.Rptr. 193, 13 Cal.3d 430, 531 P.2d 761 (Cal. 1975):

Irwin v. Murphy (1933) 129 Cal.App. 713, 19 P.2d 292, not only fails to support the majority, it contains a discussion leading to a directly contrary conclusion. Said the court, at page 717, 19 P.2d at page 293: 'appellant argues that when the commission of a public offense is being inquired into or investigated the power of the grand jury is limited to a definite charge, whether by indictment or otherwise, against the person being investigated; that if the grand jury does not find sufficient evidence to indict, the power of the body terminates and any act thereafter is in excess of jurisdiction. We think this too narrow a construction to be placed upon the powers of a grand jury. As a matter of routine, if nothing further, The power to investigate includes as an integral part thereof the right and duty to report the result of such investigation.' (Italics added.)

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