Glossary
Throughout your service as a grand juror, you will hear references to words and phrases which have particular meanings under Georgia law. Some of the more common words and phrases are defined below.
Accusation
A formal charge against a person, alleging that he has committed a crime. In Georgia, the term “accusation” is used to describe a legal document used in lieu of an indictment or special presentment in misdemeanor cases and certain
felony cases.
Capital Felony
A criminal offense for which a sentence of death may be imposed.
Felony
A crime punishable by death, imprisonment for life, life without parole or for a term of more than 12 months.
General Presentment
A written report to the court by the grand jury, generally issued at the end of the term, in which the grand jury summarizes its activities and makes findings and recommendations which are authorized in conjunction with its non-criminal duties.
Indictment
The document in which the grand jury charges that there is probable cause to believe that the person named therein has committed the crime specified therein. Prior to its having been considered by the grand jury, a proposed indictment may be referred to as a “bill of indictment.”
Juvenile Court
The court which has jurisdiction over children under the age of 17 who are alleged to be delinquent, unruly, deprived or mentally ill.
Malicious Prosecution
A criminal prosecution initiated by a person for malice or spite when probable cause does not exist to believe that the defendant committed the offense charged.
Magistrate
A judge of a court who is authorized to issue arrest and search warrants, and who has jurisdiction to conduct commitment hearings and try certain misdemeanor and ordinance violations and civil cases. In Georgia, judges of the magistrates courts and municipal courts are referred to as magistrates.
Misdemeanor
A crime, other than a felony, punishable by imprisonment for 12 months or less, or a fine, or both.
No Bill
After hearing the evidence, a finding made on a bill of indictment by the grand jury that the charges against the accused are groundless or the evidence is insufficient to present an issue for trial.
Person
By law, person can mean an individual, a corporation, an association or a partnership.
Probable Cause
The term used to describe a finding by the grand jury that the facts would justify a person of reasonable caution to believe that an offense has been committed. Probable cause does not involve a certainty, but requires merely a probability, something more than a mere suspicion or possibility.
Prosecutor
In Georgia, the person who initiates a prosecution by making an affidavit before a magistrate or judge charging a named person with the commission of an offense which results in an arrest warrant being issued or an indictment or accusation being returned.
Special Presentment
A legal document which is substantially the same as an indictment except that no person is named as the prosecutor because, in theory, the offense charged is based on the grand jury’s own knowledge or observation and not upon an arrest warrant.
State Court
A court established by the General Assembly in 66 counties having concurrent jurisdiction with the superior court over civil cases and misdemeanors.
Statute of Limitations
The time limit, fixed by law, within which a criminal prosecution must be commenced by the filing of an indictment, special presentment or accusation.
In Georgia, the statutes of limitation are:
- Murder - no statute of limitation;
- Other crimes punishable by death or life imprisonment - 7 years;
- RICO - 5 years;
- All other felonies - 4 years;
- Misdemeanors - 2 years. There are circumstances, such as offenses where the victim is a child or the accused is a fugitive which can extend the statute of limitation.
Superior Court
A court established by the Constitution of Georgia having exclusive jurisdiction over cases involving divorce, equity, felonies, and titles to land, and having concurrent jurisdiction over other civil and criminal cases.
Term of Court
This phrase is used to describe the period of time, usually expressed in months, during which a court must hold court at least once within the county and the time limit in which a particular grand jury will sit. In Georgia, the terms of court are set by the legislature and vary from county to county from two months to six months.
True Bill
The endorsement made by a grand jury on an indictment or special presentment when they find there is probable cause to believe that the accused committed the alleged act.