NCJ Number
14082
Journal
LOS ANGELES BAR BULLETIN Volume: 49 Issue: 5 Dated: (MARCH 1974) Pages: 172-178
Date Published
1974
Length
7 pages
Annotation
REVIEW OF THE HISTORICAL BASES FOR GRAND JURY SECRECY, THE MODERN JUSTIFICATIONS USED TO MAINTAIN THE SECRECY OF MOST GRAND JURY PROCEEDINGS, AND THE CONSTITUTIONAL ARGUMENT FOR DISCLOSURE OF MINUTES.
Abstract
SINCE IN THE UNITED STATES UNLIKE THE ORIGINAL ENGLISH SITUATION, SECRET GRAND JURY PROCEEDINGS WERE NOT NECESSARY TO PROTECT THE ACCUSED FROM THE STATE, DIFFERENT REASONS FOR MAINTAINING SECRECY WERE PROPOUNDED. THE ENDURANCE OF THE POLICY OF SECRECY IS NOW JUSTIFIED BY THESE OBJECTIVES, (1) TO PREVENT THE ACCUSED'S ESCAPE FROM INDICTMENT, (2) TO PROTECT THE REPUTATION OF THE ACCUSED WHO IS NOT INDICTED, (3) TO PREVENT THE IMPORTUNING OF GRAND JURORS, (4) TO PREVENT TAMPERING WITH GRAND JURY WITNESSES WHO LATER TESTIFY AT TRIAL, AND (5) TO ENCOURAGE FREE DISCLOSURE OF FACTS BY WITNESSES. AN EXAMINATION OF THESE FIVE REASONS INDICATES THAT THEY HAVE NO APPLICATION WHERE AN INDICTED ACCUSED IS SEEKING PRE-TRIAL DISCLOSURE OF GRAND JURY TESTIMONY. SUPREME COURT DECISIONS THAT REQUIRE THE ACCUSED TO CARRY THE BURDEN OF SHOWING A PARTICULARIZED NEED FOR DISCLOSURE OF GRAND JURY TESTIMONY OPERATE IN FAVOR OF THE GOVERNMENT AND IN DEROGATION OF FIRMLY ESTABLISHED POLICIES DESIGNED TO PROTECT THE DEFENDANT. FOR EXAMPLE, IT IS CERTAINLY THE POLICY OF THE LAW THAT ONE ACCUSED OF CRIME SHALL HAVE EVERY OPPORTUNITY TO PROVE HIS INNOCENCE, THAT RELEVANT EVIDENCE BE DISCLOSED, AND THE TRUTH BE ASCERTAINED. IF THE FUNDAMENTAL PURPOSE OF A CRIMINAL TRIAL IS NOT SOLELY TO CONVICT THE ACCUSED BUT TO SEEK THE TRUTH AND ADMINISTER JUSTICE, THE DESIRE OF THE PROSECUTION TO MAINTAIN SECRECY SO THE ACCUSED CANNOT ADEQUATELY PREPARE HIS DEFENSE IS NOT LEGITIMATE. THIS TACTIC OF SURPROSE DOES NOT SERVE THE PURPOSES OF THE CRIMINAL JUSTICE SYSTEM. (AUTHOR ABSTRACT)