NCJ Number
7439
Journal
University of Chicago Law Review Volume: 39 Issue: 4 Dated: (SUMMER 1972) Pages: 761-782
Date Published
1972
Length
22 pages
Annotation
EXAMINATION OF STANDARDS GOVERNING CONDUCT OF PROSECUTORS AND TRIAL JUDGES BEFORE GRAND JURIES AND JUDICIAL RESPONSE TO CHARGES OF MISBEHAVIOR.
Abstract
TO PROTECT THE MAJOR REMAINING FUNCTION OF THE MODERN GRAND JURY - MAKING AN INDEPENDENT DETERMINATION OF PROBABLE CAUSE FOR BRINGING SUSPECTS TO TRIAL - THE GRAND JURORS MUST BE SHIELDED FROM OVERBEARING INFLUENCE BY THE PROSECUTOR. THE UNDUE INFLUENCE DOCTRINE REQUIRES THAT INDICTMENTS BE QUASHED WHEN THE PROSECUTOR BEHAVES IN A MANNER THAT IS PRESUMED TO INFLUENCE THE GRAND JURORS' EVALUATION OF THE FACTS. THIS DOCTRINE IS WELL ADAPTED TO PROTECT THE INDEPENDENCE OF THE GRAND JURY'S INVESTIGATION FROM THE PROSECUTOR. TWO CHANGES IN THE COURT'S APPLICATION OF THE DOCTRINE ARE NECESSARY TO MAKE IT TRULY EFFECTIVE. FIRST, THE GRAND JURORS SHOULD BE ALLOWED TO TESTIFY TO ACTS OF THE PROSECUTOR THAT MAY CONSTITUTE UNDUE INFLUENCE. SECOND, THE DOCTRINE SHOULD BE EXTENDED TO THE PROSECUTOR'S PUBLIC STATEMENTS, WHICH MAY UNDERMINE GRAND JURY INDEPENDENCE TO THE SAME EXTENT AS DIRECT STATEMENTS TO THE GRAND JURORS. AUTHOR ABSTRACT