NCJ Number
84286
Date Published
1981
Length
10 pages
Annotation
This discussion of the investigative grand jury covers its nature and function, scope, the prosecutor's role, grand jury secrecy, evidentiary considerations, and immunity and the compelling of testimony.
Abstract
The grand jury is an inquisitorial arm of the court whose function is investigative and not prosecutorial; it is charged with conducting its own investigation into all crimes within its jurisdiction and is concerned with determining whether or not a crime has been committed and, if so, who committed it. A grand jury has the widest possible latitude in the exercise of its powers, and in the absence of a clear statutory intent, may not be curtailed. The power of the grand jury lies in its ability to issue subpoenas to secure testimony, books, records, and other documents for examination as a basis for further proceedings. The prosecutor is the legal advisor to the grand jury and is charged with submitting to it evidence of crimes and of advising it of the various crimes which the prosecutor believes justify investigation. Historically, grand jury proceedings have been secret, and both Federal and most State statutes provide for secrecy. Witnesses before grand juries, however, are not bound by secrecy. Generally, rules of evidence to be applied in any grand jury proceeding will be primarily the consideration of the prosecutor. In most jurisdictions, the general rules of evidence applying to testimony and the introduction of evidence at trial are basically the same as the rules of evidence applied before the grand jury. Various Federal and State statutes provide for compelling witnesses to testify in exchange for a grant of immunity from criminal prosecution or from the use of the compelled testimony.