NCJ Number
125150
Journal
FBI Law Enforcement Bulletin Volume: 59 Issue: 8 Dated: (August 1990) Pages: 26-31
Date Published
1990
Length
6 pages
Annotation
This article examines the underlying policy for secrecy concerning matters occurring before Federal grand juries.
Abstract
An historical perspective on evolution of the modern grand jury is outlined, particularly as it pertains to secrecy. Various reasons for the secrecy surrounding the grand jury include the wide latitude of inquiry required to determine probable cause and the need for independence from external distraction. The Supreme Court, in United States v. Proctor & Gamble (1958), provided even more specific reasons for the rule of secrecy: (1) to prevent the escape of those whose indictment might be contemplated; (2) to insure the utmost freedom of the grand jury; (3) to prevent subordination of perjury or tampering with the witnesses who may testify; (4) to encourage free and untrammeled disclosures by persons who have information to present; and (5) to protect the innocent accused. In 1983, the Supreme Court further identified three types of danger associated with disclosure, absent a court order, of grand jury information: (1) increased risk of inadvertent or illegal further release of information; (2) heightened risk of the integrity of the grand jury itself, if there is a tendency for the government to manipulate the grand jury's investigative tools to root out additional evidence; and (3) use of grand jury materials by government agencies in civil or administrative settings would threaten to subvert the limitations applied outside the grand jury context on the government's powers of discovery and investigation. Various exceptions to the rule of secrecy are also denoted. 42 footnotes.