NCJ Number
41659
Journal
Ohio State Law Journal Volume: 37 Issue: 4 Dated: (1976) Pages: 727-765
Date Published
1976
Length
39 pages
Annotation
THIS ARTICLE DISCUSSES THE HISTORICAL AND JUDICIAL DEVELOPMENT OF THE GRAND JURY FROM ITS ORIGIN AS A SAFEGUARD FROM UNWARRANTED PROSECUTIONS TO ITS PRESENT ROLE AS AN ACCUSATORIAL RUBBER STAMP.
Abstract
THE AUTHOR FOCUSES HIS ANALYSIS ON THE FOURTH AMENDMENT IMPLICATIONS OF THE GRAND JURY, SUCH AS THE FUNCTION OF AN INDICTMENT AS A DETERMINATION OF PROBABLE CAUSE TO ARREST. THE GRAND JURY IS FREE TO INDICT ON LESS EVIDENCE THAN THAT WHICH WOULD SUPPORT A PROBABLE CAUSE DECISION BY A MAGISTRATE. AS A RESULT OF THE RETURN OF AN INDICTMENT, THE ACCUSED MAY BE DETAINED IN CUSTODY, ARRESTED, OR SEARCHED INCIDENTAL TO AN ARREST. THE GRAND JURY IS THE ONLY AGENCY IN THE CRIMINAL PROCESS EMPOWERED TO VIOLATE FOURTH AMENDMENT RIGHTS WITH IMPUNITY. REFORMS AND SOLUTIONS TO THIS ISSUE ARE SUGGESTED IN A CASE-BY-CASE ANALYSIS....MSP