Constitutional Rights and the Grand Jury: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Sixth Congress, Second Session, July 27, 2000U.S. Government Printing Office, 2000 - 48 pages |
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Common terms and phrases
abuse accusatory function accused American Bar Association ASA HUTCHINSON Attorney's Branzburg changes client Constitution Costello Criminal Defense criminal justice system defendant dence Department of Justice effect enforcement exclusionary rule exculpatory evidence federal criminal federal grand jury federal prosecutors federal system Fifth Amendment going government's grand jury investigations grand jury practice grand jury procedures grand jury proceedings grand jury reform grand jury room grand jury secrecy grand jury subpoena grand jury system grand jury witnesses hear HUTCHINSON inves investigative powers investigatory issue jurors jury's lawyers LEIPOLD Lynch matters offenses organized crime privilege against self-incrimination problem PROFESSOR OF LAW prophylactic rule prosecution prosecutorial misconduct protect question refused to indict require prosecutors Robinson role seek self-incrimination Subcommittee Supreme Court targets or subjects testimony Thank tigation tion trial U.S. Attorneys United States Attorneys USAM violation Watt white collar crime
Popular passages
Page 9 - ... (1) To prevent the escape of those whose indictment may be contemplated; (2) to insure the utmost freedom to the grand jury in its deliberations, and to prevent persons subject to indictment or their friends from importuning the grand jurors; (3) to prevent subornation of perjury or tampering with the witnesses who may testify before [the] grand jury and later appear at the trial of those indicted by it; (4) to encourage free and untrammeled disclosures by persons who have information with respect...
Page 35 - Justice, however, that when a prosecutor conducting a grand jury inquiry is personally aware of substantial evidence that directly negates the guilt of a subject of the investigation, the prosecutor must present or otherwise disclose such evidence to the grand jury before seeking an indictment against such a person.
Page 29 - An indictment returned by a legally constituted and unbiased grand jury * * * if valid on its face, is enough to call for trial of the charge on the merits.
Page 1 - ... probable cause to believe that a crime has been committed and of protecting citizens against unfounded criminal prosecutions.
Page 36 - If indictments were to be held open to challenge on the ground that there was inadequate or incompetent evidence before the grand jury, the resulting delay would be great indeed. The result of such a rule would be that before trial on the merits a defendant could always insist on a kind of preliminary trial to determine the competency and adequacy of the evidence before the grand jury.
Page 46 - ABA policy, a witness before the grand jury shall have the right to be accompanied by counsel in his or her appearance before the grand jury. Such counsel shall be allowed to be present in the grand jury room only during the questioning of the witness and shall be allowed to advise the witness. Such counsel shall not be permitted to address the grand jurors or otherwise take part in proceedings before the grand jury. The court shall have the power to remove such counsel from the grand jury room for...
Page 21 - ... none shall be taken by petition or suggestion made to our lord the king, or to his council, unless it be by indictment or presentment of good and lawful people of the same neighbourhood where such deeds be done...
Page 29 - The grand jury may not always serve its historic role as a protective bulwark standing solidly between the ordinary citizen and an overzealous prosecutor, but if it is even to approach the proper performance of its constitutional mission, it must be free to pursue its investigations unhindered by external influence or supervision so long as it does not trench upon the legitimate rights of any witness called before it.
Page 14 - In sum, we believe that allowing a grand jury witness to invoke the exclusionary rule would unduly interfere with the effective and expeditious discharge of the grand jury's duties.
Page 46 - Subcommittee on the Constitution, Committee on the Judiciary, House of Representatives, Washington, DC. DEAR MR. CHAIRMAN: On behalf of the American...