Title 22, Title 22 — Criminal Procedure

A grand jury is a body of men consisting of twelve jurors impaneled and sworn to inquire into and true presentment make of all public offenses against the state committed or triable within the county for which the court is holden. R.L.1910, § 5696.

Every petition for the convening of a grand jury shall contain on the outer page thereof the word "Warning" and underneath this in ten-point type the words, "It is a felony for anyone to sign a petition for the convening of a grand jury with any name other than his own, or knowin…

The state, or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual grand juror. R.L.1910, § 5697.

A challenge to the panel may be interposed by either party for one or more of the following causes only: 1. That the requisite number of ballots was not drawn from the jury box of the county or subdivision. 2. That the drawing was not had in the presence of the officers designate…

If a challenge to the panel be allowed, the grand jury must be discharged. R.L.1910, § 5699.

A challenge to an individual grand juror may be interposed by either party, for one or more of the following causes only: 1. That he is a minor. 2. That he is not a qualified elector. 3. That he is otherwise disqualified under any of the provisions of law, in relation to the qual…

Challenges may be oral or in writing, and must be tried by the court. R.L.1910, § 5701.

The court must allow or disallow the challenge and the clerk must enter its decision upon the minutes if demanded. R.L.1910, § 5702.

If a challenge to an individual grand juror is allowed, he cannot be present at, or take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon. R.L.1910, § 5703.

The grand jury must inform the court of a violation of the last section and it is punishable by the court as a contempt. R.L.1910, § 5704.

Resistance sufficient to prevent the offense may be made by the party about to be injured: 1. To prevent an offense against his person or his family, or some member thereof. 2. To prevent an illegal attempt, by force, to take or injure property in his lawful possession. R.L.1910,…

Neither the state, nor a person held to answer a charge for a public offense, can take advantage of any objection to the panel or to an individual grand juror unless it be by challenge, and before the grand jury is sworn, except that after the grand jury is sworn, and before the …

If the grand jury is discharged by the allowance of a challenge to the whole panel; or if from any cause, in the opinion of the court, another grand jury may become necessary, the court may in its discretion order that another grand jury be summoned. R.L.1910, § 5706.

A grand jury formed and impaneled as to and in a particular case after a challenge or challenges to individual grand jurors have been allowed, shall be sworn to act only in such particular case and as to all other cases at the same term of the court the grand jury shall be formed…

From the persons summoned to serve as grand jurors, and appearing, the court must appoint a foreman. The court must also appoint a foreman when a person already appointed is discharged or excused before the grand jury are dismissed. R.L.1910, § 5708.

The following oath must be administered to the foreman of the grand jury: You, as foreman of this grand jury, shall diligently inquire into, and true presentment make, of all public offenses against this state, committed or triable within this county (or subdivisions), of which y…

The following oath must be immediately thereupon administered to the other grand jurors present: The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part. So help you God. R.L.1910, § 5710.

The grand jury, being impaneled and sworn, must be charged by the court. In doing so the court must give them such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court, or likely to come before the gra…

The grand jury must then retire to a private room and inquire into the offenses cognizable by them. R.L.1910, § 5712.

The grand jury must appoint one of their number as clerk, who must preserve minutes of their proceedings, except of the votes of the individual members, and of the evidence given before them. R.L.1910, § 5713.

A member of the grand jury may for ill health of himself or immediate family, or other cause rendering him unable to serve, be discharged before the term is ended or the labor of the grand jury completed; or, if the judge becomes satisfied that any grand juror is willfully refusi…

Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. R.L.1910, § 5558.

On the completion of the business before the grand jury, or completion of the statutory time limit for sessions of a grand jury, or whenever the court shall be of the opinion that the public interests will not be subserved by further continuance of the session, the grand jury mus…

The grand jury has power to inquire into all public offenses committed or triable in the county or subdivision, and to present them to the court, by indictment or accusation in writing. R.L.1910, § 5716.

The foreman may administer an oath to any witness appearing before the grand jury. R.L.1910, § 5718.

In the investigation of a charge for the purpose of presenting an indictment or accusation, the grand jury may receive the written testimony of the witnesses taken in a preliminary examination of the same charge, and also the sworn testimony prepared by the district attorney with…

The grand jurors, upon request of the accused, shall, and on their own motion may, hear the evidence for the accused. It is their duty to weigh all the evidence submitted to them and when they have reason to believe that there is other evidence, they may order such evidence to be…

The grand jury ought to find an indictment when all the evidence before them, taken together, is such as in their judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury. R.L.1910, § 5722.

If a member of the grand jury knows, or has reason to believe, that a public offense has been committed, which is triable in the county or subdivision, he must declare the same to his fellow jurors, who must thereupon investigate the same. R.L.1910, § 5723.

The grand jury must inquire: 1. Into the case of every person imprisoned in the jail of the county or subdivision, on a criminal charge, and not indicted. 2. Into the condition and management of the public prisons in the county or subdivision; and, 3. Into the willful and corrupt…

They are also entitled to free access at all reasonable times, to public prisons, and to the examination, without charge, of all public records in the county. R.L. 1910, § 5725.

Public offenses may be prevented by the intervention of the officers of justice: 1. By requiring security to keep the peace. 2. By forming a police in cities and towns, and by requiring their attendance in exposed places. 3. By suppressing riots. R.L.1910, § 5559.

A. Any peace officer, as defined in Section 648 of Title 21 of the Oklahoma Statutes, who uses excessive force in pursuance of such officer's law enforcement duties shall be subject to the criminal laws of this state to the same degree as any other citizen, if excessive force is …

Reporting incidents of excessive force — Contents of report — Failure to report or making materially false statements. A. Each law enforcement entity which employs any peace officer shall adopt policies or guidelines concerning the use of force by peace officers employed by the e…

A. For the purposes of this section, "racial profiling" means the detention, interdiction or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individual. B. No officer of any municipal, county or state law enforcement agency sh…

Whenever a person who is stopped or arrested believes the stop or arrest was in violation of Section 34.3 of this title, that person may file a complaint with the Attorney General's Office of Civil Rights Enforcement and may also file a complaint with the district attorney for th…

establish procedures for filing racial profiling complaint - Annual report of complaints. A. The Attorney General's Office of Civil Rights Enforcement shall promulgate rules establishing procedures for filing a racial profiling complaint with the Attorney General's Office of Civi…

disclosure of transcript - Who may be present. A. The grand jury may at all reasonable times ask the advice of the court or of the district attorney. In no event shall the grand jury be advised as to the sufficiency or insufficiency of the evidence necessary to return a true bill…

Every member of the grand jury must keep secret whatever he himself or any other grand juror may have said or in what manner he or any other grand juror may have voted on a matter before them. R.L.1910, § 5727.

A member of the grand jury may, however, be required by any court to disclose the testimony of a witness examined before the grand jury for the purpose of ascertaining whether it is consistent with that given by the witness before the court, or to disclose the testimony given bef…

A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury, relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty in making an accusation or giving testimony to his fellow jurors. R.L…

That upon the request of either the district attorney, or the grand jurors, the district judge who has called a grand jury shall appoint, whenever necessary, an interpreter, and shall swear him to secrecy, not to disclose any testimony or the name of any witness which shall be pr…

No grand jury shall be convened or remain in session during a period beginning thirty (30) days before any Primary, Runoff Primary, or General Election, for state or county offices, and ending ten (10) days after such Primary, Runoff Primary, or General Election. Any grand jury i…

institutions. In addition to any indictments or accusations that may be returned, the grand jury, in their discretion, may make formal written reports as to the condition and operation of any public office or public institution investigated by them. No such report shall charge an…

When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in so doing. R.L.1910, § 5560.

This act shall be known and may be cited as the "Multicounty Grand Jury Act". All matters not specifically governed by the provisions of the Multicounty Grand Jury Act shall be subject to the provisions governing grand juries. If the provisions of the Multicounty Grand Jury Act c…

attorney. A. 1. Whenever the Attorney General considers it to be in the public interest to convene a grand jury with jurisdiction extending beyond the boundaries of a single county, he or she shall file a verified application with the Chief Justice of the Supreme Court, or with s…

A. The regular term of a multicounty grand jury shall be eighteen (18) months unless an order for discharge is entered earlier: 1. by the court after the multicounty grand jury determines by majority vote that its business is completed; or 2. by the court, on its own motion or on…

A. The jurisdiction of a multicounty grand jury impaneled under the Multicounty Grand Jury Act shall extend throughout the state, including but not limited to, a single county as designated in the State Supreme Court's order convening the multicounty grand jury. B. The subject ma…

A. The multicounty grand jury shall have the power to: 1. compel the attendance of witnesses; 2. compel the testimony of witnesses under oath; 3. take testimony of witnesses who have been granted immunity;4. requir 5. obtain the initiation of civil and criminal contempt proceedin…