NCJ Number
90539
Date Published
1982
Length
70 pages
Annotation
After surveying the substantive motions commonly used to attack indictments in white-collar criminal cases, this discussion explores available discovery devices and considers recent developments relating to the conduct of grand jury proceedings and government misconduct.
Abstract
Substantive pretrial motions can pertain to the sufficiency of the indictment (whether it is precise), the duplicitous and multiplicitous character of the indictment, issues of joinder and severance, preindictment and pretrial delay (right to speedy trial), and venue. Regarding discovery motions, information from the prosecuting arm of the government required in preparing a defense to a criminal charge may be sought prior to trial through a bill of particulars under Rule 7(f), discovery under Rule 16, the Jencks Act, and judicially developed doctrines relating to exculpatory information known to the prosecutor. An informal approach or request made to the prosecutor may occasionally bear more fruit than a formal demand, especially where the prosecuting office or particular prosecutor in the case has discovery policies more liberal than those prescribed by discovery rules. Grand jury abuse and prosecutorial misconduct has recently been questioned in the areas of the selection of grand jurors, the attendance of grand jurors, the use of hearsay, the duty to present exculpatory evidence to the grand jury, participation of agency attorneys in the grand jury, and the prosecutorial knowing use of perjury, failure to advise targets of their status and rights not to testify, and the use of the grand jury for civil purposes. Other government misconduct associated with the grand jury includes violations of grand jury secrecy and selective prosecution based upon a 'target's' membership in a particular class or group. A total of 280 footnotes are provided.