NCJ Number
45821
Date Published
1977
Length
21 pages
Annotation
TO CONTRIBUTE TO THE FASHIONING OF WORKABLE AND EFFECTIVE GRAND JURY REFORM LEGISLATION WHICH WILL INSURE FAIRNESS WHILE PRESERVING THE GRAND JURY'S LEGITIMATE FUNCTIONS, 25 LEGISLATIVE PRINCIPLES ARE PRESENTED.
Abstract
THESE PRINCIPLES REPRESENT THE RESEARCHED AMERICAN BAR ASSOCIATION (ABA) POLICY ON GRAND JURY REFORM. EACH PRINCIPLE IS PRESENTED TOGETHER WITH PERTINENT CASE LAW AND PRACTICES, LEGISLATIVE IMPLICATIONS, AND RATIONALES BEHIND THE PROPOSED REFORM. THE PRINCIPLES WERE DRAFTED BY AN ABA SECTION ON CRIMINAL JUSTICE COMMITTEE COMPOSED ALMOST ENTIRELY OF PRESENT OR FORMER PROSECUTORS. ASSISTANT ATTORNEY GENERAL BENJAMIN CIVILETTI HAS EXPRESSED SUPPORT FOR A MAJORITY OF THE PRINCIPLES. THE GRAND JURY AS AN INSTITUTION HAS COME UNDER INCREASING CRITICISM, PARTICULARLY FOR ITS LACK OF PROCEDURAL SAFEGUARDS. THE ABA FEELS THAT A COMPREHENSIVE LEGISLATIVE EFFORT WILL BE NEEDED TO CORRECT EXISTING ABUSES AND MAKES THE FOLLOWING RECOMMENDATIONS. COUNSEL SHOULD BE ALLOWED TO ACCOMPANY AND ADVISE A WITNESS BEFORE THE GRAND JURY BUT MAY NOT ADDRESS THE GRAND JURY OR OTHERWISE PARTICIPATE IN THE PROCEEDINGS. WITNESSES WILL BE INFORMED OF THEIR RIGHTS AND RESPONSIBILITIES. NO PROSECUTOR SHALL KNOWINGLY FAIL TO DISCLOSE TO THE GRAND JURY EVIDENCE WHICH WILL SUBSTANTIALLY TEND TO NEGATE GUILT, AND IF THE EVIDENCE DOES NOT WARRANT INDICTMENT THE PROSECUTOR SHOULD RECOMMEND THAT THE GRAND JURY NOT INDICT. THE TARGET OF A GRAND JURY INVESTIGATION SHOULD BE ALLOWED TO TESTIFY PROVIDING HE SIGNS A WAIVER OF IMMUNITY. THE PROSECUTOR SHOULD NOT PRESENT EVIDENCE WHICH WOULD BE INADMISSABLE AT TRIAL. NO PERSON SHALL BE NAMED IN AN INDICTMENT AS AN UNINDICTED COCONSPIRATOR. NO GRAND JURY REPORT SHOULD BE ISSUED WHICH IMPUGNS AN INDIVIDUAL'S MOTIVES OR MORAL FITNESS. THE GRAND JURY SHOULD NOT BE USED BY THE PROSECUTOR TO OBTAIN EVIDENCE FOR PREPARATION OF THE TRIAL OF AN ALREADY CHARGED DEFENDANT OR FOR AIDING IN ANY ADMINISTRATIVE INQUIRY. WITNESSES SHOULD NOT BE SUBJECTED TO UNREASONABLE DELAY. GRAND JURY APPROVAL SHOULD NOT BE NECESSARY FOR GRAND JURY SUBPOENA, AND THE SUBPOENA SHOULD INDICATE THE STATUTE OR GENERAL AREA OF CONCERN OF THE INQUIRY; SUBPOENAS SHOULD BE RETURNABLE ONLY WHEN GRAND JURY IS SITTING. ALL MATTERS BEFORE THE JURY SHOULD BE RECORDED, BUT DELIBERATIONS OF THE JURY SHOULD NOT BE RECORDED. THE PROSECUTOR SHOULD NOT ATTEMPT TO INFLUENCE THE GRAND JURY IN A MANNER WHICH WOULD BE INADMISSABLE AT TRIAL. IMMUNITY SHOULD BE GRANTED ONLY WHEN THE TESTIMONY IS IN THE PUBLIC INTEREST; IT SHALL BE GRANTED ON PROSECUTION MOTION IN CAMERA, AND SHALL NOT BE MADE A MATTER OF PUBLIC RECORD PRIOR TO THE ISSUANCE OF AN INDICTMENT OR TESTIMONY. LAWYERS SHOULD AVOID CONFLICT OF INTEREST IN REPRESENTATION OR MULTIPLE REPRESENTATION OF CLIENTS IN A PROCEEDING. IDENTITY OF WITNESSES SHOULD BE UNAVAILABLE TO PUBLIC SCRUTINY. THE IMPANELING COURT SHALL PROVIDE A WRITTEN CHARGE INFORMING JURORS OF THEIR DUTIES AND LIMITATIONS. ALL STAGES OF THE PROCEEDINGS SHALL BE CONDUCTED WITH CONSIDERATION OF THE PRESERVATION OF FREEDOM OF THE PRESS, ATTORNEY/CLIENT RELATIONSHIPS, AND COMPARABLE VALUES, THE PERIOD OF CONFINEMENT FOR A WITNESS NOT TESTIFYING IN CONTEMPT OF COURT SHOULD NOT EXCEED 1 YEAR, AND FINALLY, THE COURT SHALL IMPOSE SANCTIONS WHENEVER THE FOREGOING PRINCIPLES ARE VIOLATED. (JAP)