NCJ Number
45143
Editor(s)
G R BLAKEY,
R GOLDSTOCK,
A CAMPRIELLO
Date Published
1977
Length
312 pages
Annotation
A COMPREHENSIVE GUIDE FOR THE PROSECUTORIAL EXAMINATION OF RESISTANT, OFTEN HOSTILE WITNESSES BY GRAND JURIES INVESTIGATING ORGANIZED CRIME IS PRESENTED, WITH SPECIFIC ATTENTION TO THE HANDLING OF CONTEMPT AND PERJURY.
Abstract
THERE IS NO ASPECT OF PUBLIC PROSECUTION WHERE PROSECUTORIAL DISCRETION IS MORE DELICATELY EXERCISED THAN IN THE AREAS OF PERJURY AND CONTEMPT. THE DECISION TO SEEK AN INDICTMENT FOR CONTEMPT OR PERJURY IS A DIFFICULT ONE FOR ANY PROSECUTOR SENSITIVE ABOUT HIS OBLIGATION TO FAIRNESS; SUCH CASES REVOLVE AROUND SUBTLETIES OF LANGUAGE AND THE COMPLEXITIES OF MOTIVATION. SIX LEGAL ISSUES THAT TEND TO RECUR IN GRAND JURY PRESENTATIONS ARE ENUMERARTED: QUESTIONS OF IMMUNITY, OBJECTIONS REGARDING INFORMATION GATHERED THROUGH WIRETAP, RIGHT TO COUNSEL, RESTRICTIONS ON PERJURY CHARGES BASED ON AMBIGUOUS RESPONSES TO QUESTIONS, QUESTIONS OF JURISDICTION, AND CHARGES OF PROSECUTORIAL MISCONDUCT. THE USE OF THESE ISSUES OR CHALLENGE TECHNIQUES BY DEFENSE COUNSELS SEEKING TO OBSTRUCT OR DELAY CROSS-EXAMINATION BEFORE GRAND JURIES IS DISCUSSED, AND RELATED COURT RULINGS ARE CITED. PREPARING FOR WITNESS EXAMINATIONS IS ALSO DISCUSSED. THE PROSECUTOR'S CONDUCT BEFORE A GRAND JURY IS EXAMINED WITH RESPECT TO TECHNIQUES OF CROSS-EXAMINATION. MOST OF THE VOLUME IS DEVOTED TO APPENDIXES, WHICH DETAIL THE MANNER OF PROSECUTORIAL PREPARATION FOR EXAMINATION OF A SPECIFIC WITNESS IN AN ACTUAL GRAND JURY PROCEEDING. THE SYNOPSIS OF PROOF, THE AGENDA OF THE INTENDED EXAMINATION, AND THE TEXT AND ORGANIZATION OF QUESTIONS, ARE PROVIDED, WITH THE TEXTS OF INDICTMENTS THAT RESULTED. LEGAL ANALYSES OF IMMUNITY, CONTEMPT AND PERJURY, AND THE ROLE OF PRIVILEGE IN GRAND JURY PROCEEDINGS ARE ALSO PROVIDED IN THE APPENDIXES. REFERENCES TO RELEVANT COURT DECISIONS ARE FOOTNOTED THROUGHOUT. (KBL)