NCJ Number
42231
Date Published
1976
Length
45 pages
Annotation
THE ROLE AND CHARACTER OF THE GRAND JURY IN HAWAII IS EXAMINED, AND IT IS RECOMMENDED THAT IT BE RETAINED WITH CERTAIN MAJOR REVISIONS.
Abstract
AFTER EXAMINING THE PROS AND CONS, IT IS RECOMMENDED THAT THE GRAND JURY SYSTEM NOT BE ABOLISHED, BUT THAT GRAND JURIES BE CONVENED ONLY IN EXTRAORDINARY CASES UPON ORDER OF THE CIRCUIT COURT FOLLOWING A SHOWING OF GOOD CAUSE BY A PROSECUTING ATTORNEY, THE ATTORNEY GENERAL, OR A DULY AUTHORIZED SPECIAL PROSECUTOR. IT IS FURTHER RECOMMENDED THAT PROBABLE CAUSE IN MOST FELONY CASES SHOULD BE DETERMINED BY THE DISTRICT COURT FOLLOWING A A PRELIMINARY EXAMINATION, RATHER THAN BY THE GRAND JURY, AS IS PRESENTLY DONE. IF THE GRAND JURY'S PRESENT ROLE SHOULD BE CONTINUED, IT IS URGED THAT IMPROVEMENTS BE MADE IN THE ORIENTATION AND EDUCATION OF GRAND JURORS; SIZE OF GRAND JURIES; THE FREQUENCY OF GRAND JURY SESSIONS; RELATIONSHIP OF GRAND JURIES TO PROSECUTING OFFICIALS; AND DEFENSE ACCESS TO TRANSCRIPTS OF GRAND JURY PROCEEDINGS. THE PRESENT GRAND JURY SYSTEM IS COMMENDED IN THE AREAS OF SELECTION, QUALIFICATIONS, ORGANIZATION, TERM OF SERVICE, SECRECY OF PROCEEDINGS AND REPORTS.