The Davidson County Grand Jury

The Grand Jury is a constitutionally mandated, powerful body comprised of thirteen citizens otherwise eligible for jury duty. These strangers meet several days each week during a three-month term to listen, learn, investigate and ultimately decide when criminal prosecution is warranted.

Grand Juries originated in England, but the first Grand Jury in America was impaneled in 1635 to consider serious criminal cases. Thereafter, its value as a tool for opposing royalists was realized. Some colonial grand juries refused to indict leaders of the Stamp Act (1765) and refused to bring libel charges against the Boston Gazette (1765).1 At inception, each community had a group of citizens chosen to serve as its grand jury. Each member would present to the group conduct they knew of or had been told of that might warrant prosecution. This societal self-policing method evolved into our current criminal justice system. The principles of impartiality and secrecy of grand jury proceedings were paramount, and remain relevant centuries later as evidenced by the current grand juror’s oath: “You as members of the grand jury do solemnly swear or affirm that you will diligently inquire, and the true presentment make, of all offenses given you in charge, or otherwise brought to your knowledge, committed or triable within this county; that you will keep secret the state’s counsel, the other jurors’ and your own; that you will present no person from hatred, malice or ill will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof, but that you will present the truth, the whole truth and nothing but the truth, accordingly to the best of your skill and understanding.”2

The Tennessee Constitution guarantees the right to be charged with a crime only by “presentment, indictment or impeachment” for any offense punishable by imprisonment or a fine of $50.00 or more, distinguishing our state from the Federal system and many other states that have abolished the right to a grand jury.3 Only those guilty of certain offenses relating to a conspiracy to take human life or to injure persons or destroy property are excluded from grand jury service.4

Tennessee Grand Juries have the inquisitorial power to hear evidence of facts that may constitute a criminal offense, to determine whether a crime has been committed, the nature of the crime, and, whether there is probable cause to believe the accused had some role in the offense. The Grand Jury has the authority to return a presentment or indictment of all offenses found to have been committed or being triable in the county upon sufficient evidence presented.5 Other meaningful duties include inquiring into the conditions of prisons, other county buildings, institutions and the county treasury, and, inquiring into any state or local officers’ abuse of office. The Grand Jury possesses immense subpoena power, lending muscle to its investigatory function.6

Presentment: A small percentage of Davidson County criminal cases, such as child sex abuse cases or lengthier investigations into drug or homicide offenses, are presented directly to the Grand Jury with a request for charges. Indictment: Most Davidson County criminal cases originate by arrest warrant and are then channeled through the General Sessions Court. For defendants whose cases are not resolved, they either participate in or waive a preliminary hearing. If not waived and if a magistrate determines upon hearing that probable cause exists, a defendant’s case is “bound over” to the Grand Jury. It then makes its findings and returns either a True Bill of Indictment or, the far less frequent No True Bill, if it does not find that further prosecution is warranted.

In addition to closed meetings, Grand Jury proceedings are also ex parte; as the accused has no right to appear and present evidence, or even to be notified that an investigation is ongoing. However, there is no prohibition from the accused requesting to appear or seeking to present evidence for consideration with the approval of the jurors. Whether the case originates in General Sessions or is directly presented, the Grand Jury function is the same, and, either by presentment or indictment the accused will be brought into Criminal Court for arraignment.7

The six Davidson County Criminal Court Judges rotate oversight of the Grand Jury for a three-month period. The assigned Judge impanels and charges the grand jury, appoints a Foreperson, and schedules speakers and tours of government facilities. The Foreperson’s duties include “ferreting out crime” and voting with the grand jurors toward the twelve votes necessary for an indictment.

Importantly, each Grand Jury must prepare a report of its services and experiences during the term. These reports are available to the public.8 This writer directs you to the July-Sept 2022 term in which the Grand Jury reviewed 662 cases. This Grand Jury, with Mr. Parker Toler serving as Foreperson, drafted an especially detailed report containing thoughtful complaints and well-reasoned suggestions for a safer, healthier and better educated community.

The Grand Jury serves a vital function in the justice system by ensuring that before an accused is prosecuted in criminal court the prosecution’s case is vetted by a panel of jurors chosen from a venire that fairly reflects the Davidson County citizenry.

HON. CINDY CHAPPELL presides over the Criminal Court, Division VI. Before assuming the bench in 2022, she was in private practice for 29 years. Judge Chappell received her B.A. in Psychology from Rhodes College and her J.D. from the University of Memphis Law School.

Endnotes

1 https://www.sanmateocourt.org/court_divisions/ grand_jury/history.

2 Tenn. R. Crim. P. 6(a)

3 Article 1, Section 14

4 T.C.A. § 40-12-102

5 Tenn. R. Crim. P. 6(d).

6 Tenn. R. Crim. P. 6(e).

7 Impeachment, the third manner of charge, is rarely used.

8 https://trialcourts.nashville.gov/grand-jury-reports/