NCJ Number
143702
Journal
American Criminal Law Review Volume: 30 Issue: 3 Dated: (Spring 1993) Pages: 1221-1238
Date Published
1993
Length
18 pages
Annotation
This article discusses prosecutorial misconduct during the period from the indictment until the beginning of trial and examines the standards for dismissing indictments based on prosecutorial misconduct before the grand jury and on violations of the sixth amendment speedy trial right.
Abstract
Regarding prosecutorial misconduct before the grand jury, the U.S. Supreme Court held in Bank of Nova Scotia v. United States that Federal courts must apply a harmless error test to prosecutorial misconduct before the grand jury. This means that for nonconstitutional errors, the court may dismiss an indictment for prosecutorial misconduct only when "the violation substantially influenced the grand jury's decision to indict," or if there is "grave doubt" that the decision to indict was free from the substantial influence of such violations. Types of prosecutorial misconduct before the grand jury may pertain to interference with the attorney-client relationship, evidentiary issues, prejudicial conduct, and procedural violations. In determining wither or not the prosecution has violated the defendant's right to a speedy trial, the court will consider the length of the delay; the reason for delay; the defendant's efforts to facilitate a speedy trial; and any prejudice to the defendant related to case delay, notably pretrial incarceration, anxiety from public accusation, and impaired defense. 169 footnotes