NCJ Number
44915
Date Published
1977
Length
36 pages
Annotation
THIS BOOKLET IS DESIGNED TO SERVE AS A GUIDE FOR LOCAL AND 7 FEDERAL GRAND JURORS AND DISCUSSES GRAND JURY PROCEDURES AND OTHER ISSUES LIKELY TO AFFECT GRAND JURORS ON ALL LEVELS.
Abstract
THE HISTORY OF THE GRAND JURY SYSTEM IS TRACED FROM ITS ORIGINS IN TWELFTH CENTURY ENGLAND, INCLUDING ITS PURPOSE AND EARLY ABUSES. GRAND JURORS ARE CAUTIONED ABOUT POSSIBLE MISUSE OF THE SYSTEM BY PROSECUTORS. THEY SHOULD WATCH OUT FOR PROSECUTORS TRYING TO INTIMIDATE WITNESSES, TRYING TO BIAS THE JURY AGAINST A WITNESS BY ASKING EMBARRASSING QUESTIONS, AND 'FISHING' FOR ADDITIONAL INFORMATION THAT COULD BE USED AGAINST AN ALREADY INDICTED DEFENDANT AT TRIAL. GRAND JURORS SHOULD BE WARY OF POSSIBLE ABUSES IF THE PROCEEDINGS ARE NOT BEING RECORDED, IF THE PROSECUTION PROCEEDS WITH UNDUE HASTE, OR IF A SUBPOENA IS ISSUED THAT WOULD CAUSE A WITNESS PERSONAL HARDSHIP. THE WORDS 'IMMUNITY' AND 'PERJURY,' WHEN MENTIONED BY A PROSECUTOR, SHOULD ALERT THE GRAND JUROR, AS THESE PROVISIONS CAN BE IMPROPERLY MANIPULATED, PARTICULARLY WHEN THE GRAND JURY DOES NOT COMPLETELY UNDERSTAND THEIR FULL MEANING. COMMON MISUSES ARE DESCRIBED. SOME GENERAL PRECAUTIONS ARE OUTLINED FOR GRAND JURORS: NOT TO TAKE WHAT IS HEARD IN THE GRAND JURY CHAMBER AT FACE VALUE; TO KEEP AN EYE OUT FOR SIGNS OF GRAND JURY ABUSE; AND TO ASK FOR ADDITIONAL EVIDENCE IF NECESSARY. THOSE WHO HAVE SERVED ON GRAND JURIES, IF THEY HAVE DISCOVERED ABUSES, ARE ENCOURAGED TO REPORT ON THE PROBLEM, AND A QUESTIONNAIRE IS PROVIDED TO EXPEDITE SUCH A REPORT. A BRIEF ANNOTATED BIBLIOGRAPHY IS PROVIDED.