NCJ Number
50886
Journal
Columbia Human Rights Law Review Volume: 8 Issue: 2 Dated: (FALL/WINTER 1977) Pages: 73-77
Date Published
1977
Length
6 pages
Annotation
THE PURPOSE, DESIGN, AND FUNCTION OF THE GRAND JURY ARE DESCRIBED.
Abstract
THE ORIGINAL PURPOSE OF THE GRAND JURY IS TO PROTECT ALL PERSONS FROM UNREASONABLE CRIMINAL ACCUSATION. MOST GRAND JURIES ARE IN SESSION FOR 30 DAYS AND ARE COMPOSED OF 16 TO 23 PEOPLE. IT MUST BE REPRESENTATIVE OF THE GENERAL POPULATION AND THIS COMPOSITION MAY BE CHALLENGED. THE RIGHT TO TESTIFY IS USUALLY NOT EXERCISED UNLESS THE LAWYER AND DEFENDANT AGREE THAT THE CASE MAY END AT THIS LEVEL. A GRAND JURY CAN INDICT WHEN VISIBLE EVIDENCE LEGALLY ESTABLISHES THAT AN OFFENSE HAS BEEN COMMITTED, AND COMPETENT AND ADMISSABLE EVIDENCE GIVES REASONABLE CAUSE THAT AN OFFENSE HAS BEEN COMMITTED. PERSONAL LAWYERS MAY NOT BE PRESENT IN THE GRAND JURY ROOM. A VOTE OF 12 GRAND JURORS IS NECESSARY TO RETURN AN INDICTMENT; A BENCH WARRANT FOR ARREST MAY BE ISSUED. A PROMISE OF IMMUNITY CAN NOT BE MADE FOR THE FOLLOWING REASONS: IF A WRITTEN WAIVER OF IMMUNITY HAS BEEN SIGNED BY THE WITNESS; VOLUNTARY TESTIMONY HAS BEEN GIVEN ABOUT UNQUESTIONED CRIMES; AND/OR THE WITNESS'S EVIDENCE CONSISTS ENTIRELY OF BOOKS AND WRITTEN RECORDS. THE FOLLOWING ABUSES OF THE GRAND JURY PROVIDE GROUNDS FOR DISMISSAL: (1) GATHERING EVIDENCE CONCERNING A DEFENDANT ALREADY INDICTED; (2) 'FREEZING' THE TESTIMONY OF A PROSPECTIVE TRIAL WITNESS; (3) SUBPOENAING MERELY TO INTERVIEW A WITNESS; (4) QUESTIONING A WITNESS TO CREATE BIASES; (5) HARASSING OR INTIMIDATING A WITNESS; (6) LEAKING SECRET EVIDENCE; (7) SHOWING RACIAL PREJUDICE; (8) PREJUDICIAL PUBLICITY; (9) USING OBTAINED EVIDENCE THAT VIOLATES THE ACCUSED'S CONSTITUTIONAL RIGHTS; AND (10) WITHHOLDING EVIDENCE BY THE PROSECUTOR. FOOTNOTES ARE PROVIDED. (JCP)