NCJ Number
44311
Journal
Journal of Criminal Law and Criminology Volume: 68 Issue: 3 Dated: (SEPTEMBER 1977) Pages: 399-411
Date Published
1977
Length
13 pages
Annotation
FEDERAL COURT PRACTICES WITH REGARD TO THE DISCLOSURE OF GRAND JURY MATERIALS TO LAW ENFORCEMENT AND ADMINISTRATIVE AGENCIES, INDIVIDUAL CIVIL LITIGANTS, AND THE PUBLIC ARE EXAMINED.
Abstract
THE REASONS BEHIND THE FEDERAL GRAND JURY SECRECY RULE ARE THE FOLLOWING: TO PREVENT THE ESCAPE OF SUSPECTS PRIOR TO INDICTMENT; TO PROTECT THE FREEDOM OF GRAND JURY DELIBERATIONS; TO PREVENT TAMPERING WITH GRAND JURY WITNESSES PRIOR TO A PUBLIC TRIAL; TO ENCOURAGE UNRESTRAINED DISCLOSURE BY GRAND JURY WITNESSES; AND TO PROTECT SUSPECTS FOUND INNOCENT BY A GRAND JURY. SUPREME COURT DECISIONS HAVE HELD THAT A TRIAL JUDGE MAY ORDER DISCLOSURE OF GRAND JURY MATERIAL ONLY WHEN THE PARTY SEEKING DISCLOSURE CAN SHOW 'PARTICULARIZED NEED.' IN THE CASE OF REQUESTS FOR PUBLIC DISCLOSURE OF GRAND JURY MATERIALS, THE COURTS HAVE BALANCED THE PUBLIC'S RIGHT TO KNOW AGAINST ANY PERCEIVABLE HARM TO A GRAND JURY SUSPECT OR WITNESS. HOWEVER, IN CASES INVOLVING ACCESS BY OFFICIALS AND PRIVATE CIVIL LITIGANTS TO GRAND JURY MATERIALS, THE COURTS HAVE TENDED TO BE PREOCCUPIED WITH THE PARTICULARIZED NEED STANDARD, OFTEN FAILING TO CONSIDER THE ACTUAL BENEFITS OR DANGERS OF THE DISCLOSURE IN QUESTION. IN DETERMINING MOTIONS FOR DISCLOSURE OF GRAND JURY MATERIALS, THE COURTS SHOULD EMPHASIZE THE REASONS BEHIND THE SECRECY RULE AND SHOULD NOT AUTOMATICALLY TURN TO THE PARTICULARIZED NEED STANDARD IN EVERY CASE.