NCJ Number
17787
Date Published
1975
Length
46 pages
Annotation
PAPER WHICH EXAMINES THE OPERATION OF THE GRAND JURY UNDER CURRENT ALASKA PRACTICE AND DISCUSSES SOME POSSIBLE ALTERNATIVES.
Abstract
THE GRAND JURY PROCESS IS DESCRIBED AND ITS INVESTIGATIVE FUNCTION IS DISCUSSED. AN ANALYSIS OF CRITICISM OF THE ALASKAN GRAND JURY PROCESS CONSIDERS THE ARGUMENTS THAT THE GRAND JURY IS A CAUSE OF DELAY, THAT PROSECUTORS MAKE IMPROPER USE OF GRAND JURIES, THAT THE DEFENDANT IS EXCLUDED FROM THE PROCESS, AND THAT THE GRAND JURY DOES NOT ADVANCE THE ADJUDICATION. THE RELATIVE MERITS OF PROCEEDINGS BY PROBABLE CAUSE HEARING (PROVIDED FOR UNDER THE ALASKAN RULES OF CRIMINAL PROCEDURE) OR BY INFORMATION ARE ALSO COMPARED. THE AUTHOR CONCLUDES THAT THE GRAND JURY INDICTMENT PROCESS IS NO LONGER FULFILLING ITS INTENDED FUNCTIONS AND SHOULD BE REPLACED BY A PROBABLE CAUSE HEARING PROCEDURE. IT IS ALSO SUGGESTED, THAT THE TRANSITION FROM GRAND JURY TO PROBABLE CAUSE HEARING IN FELONY CASES SHOULD LEAVE INTACT THE CONSTITUTIONAL INVESTIGATIVE AND REPORTING ROLE OF THE ALASKAN GRAND JURY, AND THE IMPLEMENTATION OF THIS TRANSITION IS DISCUSSED, POSSIBLE CHANGES IN THE ALASKAN RULES OF CRIMINAL PROCEDURE WHICH COULD ACCOMPLISH THIS TRANSITION ARE OUTLINED.