The Legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings be secret and that the secrecy of such proceedings remain inviolate. The provisions of this division are to be construed for the accomplishment of this purpose and to promote the following:
(1) That grand juries have the utmost freedom in their discussions, deliberations, considerations, debates, opinions and votes without fear or apprehension that the same may be subsequently disclosed, or that they may be subject to outside pressure or influence or injury in their person or property as a result thereof.
(2) That those persons who have information or knowledge with respect to the commission of crimes or criminal acts be encouraged to testify freely and truthfully before an appropriate grand jury without fear or apprehension that their testimony may be subsequently disclosed, or that they may be subject to injury in their person or property as a result thereof.
(3) That those persons who have committed criminal acts or whose indictment may be contemplated not escape or flee from the due administration of justice.
(4) That those persons falsely accused of criminal acts are not subject to public scrutiny or display and their otherwise good names and reputations are left intact.
(Acts 1979, No. 79-457, p. 745, §1.)
Notes of Decisions
Cited in
19
cases (
3 in the last 5 years), 1981–2026 · leading case:
Blackmon v. State, 7 So. 3d 397 (Ala. Crim. App. 2006).
Blackmon v. State, 7 So. 3d 397 (Ala. Crim. App. 2006).
· cites it 2× “See § 12-16-214, Ala.Code 1975. "The long time rule, sanctioned by our courts, is that the proceedings before a grand jury are essentially secret.”
Sneed v. State, 1 So. 3d 104 (Ala. Crim. App. 2007).
“) Before an accused may discover grand jury testimony he must establish a particularized need for the information. In Blackmon v. State, [Ms. CR-01-2126, August 5, 2005] — So.”
Arthur v. State, 711 So. 2d 1031 (Ala. Crim. App. 1996).
“The Alabama legislature set forth the reasons for this secrecy in § 12-16-214: "The legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings be secret and that the secrecy of such…”
Miller v. State, 63 So. 3d 676 (Ala. Crim. App. 2010).
“2005) (citing § 12-16-214, Ala. Code 1975). “However, a defendant may be allowed to inspect grand-jury proceedings if the defendant meets the threshold test of showing a ‘particularized need’ for breaching the secrecy of those proceedings.”
William E. Henry v. Attorney Gen., State of Alabama, 45 F.4th 1272 (11th Cir. 2022).
· cites it 2× “” Ala. Code § 12-16-214 . The grand jury secrecy law is “to be construed” to accomplish four purposes: (1) That grand juries have the utmost freedom in their discussions, deliberations, considerations, debates, opinions and votes without fear or apprehension that the same may be…”
Alabama Power Co. v. Neighbors, 402 So. 2d 958 (Ala. 1981).
“The actual questions and answers and documentary evidence presented in this grand jury proceeding were not revealed before or during the trial because of the warning given to the parties and their attorneys by District Attorney Tom Young regarding grand jury secrecy, citing Code…”
Stanley v. State, 143 So. 3d 230 (Ala. Crim. App. 2011).
“See § 12-16-214, Ala.Code 1975. “The long time rule, sanctioned by our courts, is that the proceedings before a grand jury are essentially secret.”
Billups v. State, 86 So. 3d 1032 (Ala. Crim. App. 2009).
“The motion listed only one ground in support of the discovery of this evidence — that Blackmon had been indicted for capital murder.”
Petric v. State, 157 So. 3d 176 (Ala. Crim. App. 2013).
“See § 12-16-214, Ala.Code 1975. “The long time rule, sanctioned by our courts, is that the proceedings before a grand jury are essentially secret.”
Ex Parte Birmingham News Co., Inc., 624 So. 2d 1117 (Ala. Crim. App. 1993).
· cites it 2× “See also Ala. Code 1975, § 12-16-214. "Thus, to overcome these interests, the standard for determining when the traditional secrecy of the grand jury may be broken is deliberately stringent: parties seeking disclosure of grand jury transcripts must show that the material they…”
Ex parte E.J.M., 829 So. 2d 105 (Ala. 2001).
“) Section 12-16-214, Ala.Code 1975,' provides, in pertinent part: “The Legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings be secret and that the secrecy of such proceedings…”
Gibbons v. State Ethics Comm'n, 827 So. 2d 801 (Ala. Civ. App. 2001).
“Code 1975 (mandating that proceedings before the Commission be subject to the “secrecy and nondisclosure” requirements of §§ 12-16-214 to 12-16-216, inclusive, relating to grand jury proceedings).”
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