GRAND JURY - PREPARING THE WITNESS (FROM GRAND JURY AND YOUR CLIENT - WHAT TO DO AND HOW TO DO IT, P 52-65, 1979 - SEE NCJ-62049)

• NCJ Number: 62049
• Author(s): J W CONDON; R W KLINGENSMITH
• Date Published: 1979
• Length: 14 pages
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS PAPER PRESENTS SOME OF THE PRACTICAL PROBLEMS (AND THEIR SOLUTIONS) WHICH ATTORNEYS WILL ENCOUNTER IN PREPARING A CLIENT TO TESTIFY BEFORE A GRAND JURY.

Abstract

BEFORE ACTUALLY PREPARING A CLIENT TO TESTIFY, THE ATTORNEY SHOULD HAVE A THOROUGH UNDERSTANDING OF THE FACTUAL AND LEGAL CONTEXTS OF THE CASE. THE GRANTING OF FEDERAL OR STATE IMMUNITY IS EXPLAINED. WITH RARE EXCEPTION, THE CLIENT WILL HAVE BEEN IMMUNIZED BEFORE TESTIFYING BEFORE A GRAND JURY. THUS, THE ATTORNEY'S JOB IS TO PROTECT THE CLIENT FROM MAKING A MISTAKE IN THE TESTIMONY GIVEN TO THE GRAND JURY. IMMUNITY DOES NOT PROTECT A WITNESS FROM CONTEMPT OR PERJURY. THE MAIN PRIORITIES OF THE ATTORNEY ARE TO KEEP THE CLIENT OUT OF PRISON, TO KEEP THE CLIENT FROM BEING CONVICTED, AND TO KEEP THE CLIENT FROM BEING INDICTED. THE ATTORNEY SHOULD MAKE SURE THAT THE CLIENT UNDERSTANDS THESE OBJECTIVES. THE CLIENT MUST RECOGNIZE THAT IF THE TESTIMONY SOUGHT IS SOUGHT PROPERLY, IF THERE IS NO RIGHT NOT TO ANSWER, AND IF THE QUESTIONS ARE PROPER, THE CLIENT MUST ANSWER OR RISK A CONTEMPT CHARGE. THUS, THE ATTORNEY ASSISTS THE CLIENT IN PROTECTING TWO SETS OF RIGHTS: THE RIGHT NOT TO HURT HIMSELF/HERSELF AND THE RIGHT NOT TO HURT SOMEONE ELSE UNNECESSARILY. AN ATTORNEY SHOULD TRY TO DETERMINE WHAT IS THE GRAND JURY'S SUBJECT OF INQUIRY; CONTACTING THE PROSECUTING ATTORNEY IS HELPFUL. IT MAY EVEN BE POSSIBLE TO REACH AN AGREEMENT WITH THE PROSECUTOR TO LIMIT THE AREA OF QUESTIONING. IN ADDITION, COPIES OF CLIENT'S STATEMENTS ALREADY MADE TO GOVERNMENT AGENCIES OR AGENTS SHOULD BE OBTAINED. IF POSSIBLE, THE ATTORNEY SHOULD TAKE THE CLIENT TO THE GRAND JURY ROOM WHEN IT IS EMPTY TO ALLOW THE CLIENT TO BECOME ORIENTED TO THE ENVIRONMENT. MOST IMPORTANTLY, ALL ASPECTS OF THE CLIENT'S TESTIMONY SHOULD BE DISCUSSED WITH HIM/HER AND TYPES OF QUESTIONS LIKELY TO ASKED SHOULD BE REVIEWED. THROUGHOUT THE CLIENT'S APPEARANCE BEFORE THE GRAND JURY, THE ATTORNEY SHOULD RECORD ALL OBSERVATIONS, NO MATTER HOW INSIGNIFICANT THEY MAY APPEAR TO BE. A WITNESS INSTRUCTION SHEET IS ATTACHED. FOR RELATED ARTICLES, SEE NCJ 62048.