NCJ Number
57286
Date Published
1978
Length
0 pages
Annotation
ALTHOUGH THE EXPERTISE OF A TRIAL LAWYER IS NOT AVAILABLE TO A PERSON BEING QUESTIONED BY A GRAND JURY, THIS AUDIO CASSETTE PRESENTATION INDICATES METHODS FOR ASSISTING A SUBPOENAED CLIENT.
Abstract
THE FEDERAL GRAND JURY SERVES AS AN INVESTIGATORY BODY WHICH REFERS CRIMINAL SUSPECTS TO THE PETIT JURY AND PROTECTS CITIZENS AGAINST PROSECUTORIAL ABUSES. UNDER THE FIFTH AMENDEMENT, PROSECUTION IN FEDERAL COURTS CAN ONLY BEGIN AFTER A GRAND JURY INDICTMENT OR PRESENTMENT. GRAND JURY DUTIES INCLUDE THE FINDING OF PROBABLE CAUSE THAT A CRIMINAL SUSPECT COMMITTED A CRIME AND THE PROTECTION OF PERSONS FROM UNFOUNDED ACCUSATIONS. HOWEVER, IN PRACTICE, FEDERAL GRAND JURIES HAVE EMPLOYED A LESSER STANDARD FOR INDICTMENT THAN PROBABLE CAUSE. ALTHOUGH REFORM OF THE GRAND JURY SYSTEM IS NECESSARY, ATTORNEYS MUST BE AWARE OF THE REALITIES OF THE GRAND JURY SYSTEM AND BE PREPARED TO ASSIST FEDERALLY SUBPOENAED CLIENTS. THE ATTORNEY MUST DECIDE WHETHER HIS CLIENT IS THE ACTUAL TARGET OF THE GRAND JURY INVESTIGATION OR ONLY A WITNESS. IF A CLIENT IS IN DANGER OF BEING INDICTED, THE ATTORNEY SHOULD SEEK THE PROMISE OF THE U.S. ATTORNEY THAT THE CLIENT WOULD NOT BE INDICTED IF HE TESTIFIED AS A TRUTHFUL AND CANDID WITNESS FOR THE PROSECUTION. TO ENSURE THE AGREEMENT, THE DEFENSE COUNSEL MUST INQUIRE OF THE U.S. ATTORNEY AS TO WHAT TESTIMONY IS EXPECTED FROM THE WITNESS. THE COUNSELOR MUST MAKE CAREFUL DECISIONS CONCERNING THE INFORMATION TO BE REVEALED TO THE PROSECUTOR THAT WILL PREVENT A RETALIATORY INDICTMENT. WITHOUT SUCH PROMISES, OR IMMUNITY, THE COUNSELOR SHOULD MAKE A MOTION TO QUASH THE SUBPOENA DUCES TECUM IF THE SUBPOENA IS OPPRESIVE OR ABUSIVE. FOURTH AMENDMENT PROTECTIONS AGAINST UNREASONABLE SEIZURES OF EVIDENCE WILL NOT PROTECT A CLIENT BEFORE THE GRAND JURY. THE CLIENT WOULD NOT HAVE STANDING TO REQUEST THE SUPPRESSION OF EVIDENCE SEIZED WITHOUT A WARRANT. (TWK).