NCJ Number
53229
Journal
US NEWS AND WORLD REPORT Volume: 84 Issue: 24 Dated: (JUNE 1978) Pages: 65-67
Date Published
1978
Length
3 pages
Annotation
CRITICS' ATTEMPTS TO REFORM OR ABOLISH THE GRAND JURY SYSTEM ARE DISCUSSED WITH REFERENCE TO THE INABILITY OF THE SYSTEM TO PROPERLY PROTECT SUSPECTS AND WITNESSES.
Abstract
TO PREVENT GRAND JURIES AND PROSECUTORS FROM MISUSING THEIR POWERS OF INVESTIGATION AND INDICTMENT, SEVERAL REFORMS INCLUDING ABOLITION OF THE SYSTEM HAVE BEEN PRESENTED. GRAND JURIES HAVE THE RESPONSIBILITY BOTH TO BRING CRIMINAL CHARGES AGAINST POSSIBLE WRONGDOERS AND TO SHIELD CITIZENS FROM BEING UNJUSTLY SUBJECTED TO TRIAL. IT IS CONTENDED THAT GRAND JURIES ARE LAX IN THEIR DUTIES TO PROTECT CITIZENS ACCUSED OF CRIMES AND TO SHIELD WITNESSES. IT IS ALLEGED THAT PROSECUTORS EXTRACT INFORMATION FROM THOSE TESTIFYING BEFORE GRAND JURIES TO WHICH THE GOVERNMENT IS NOT ENTITLED. IN THEIR ZEAL TO OBTAIN INDICTMENTS, PROSECUTORS HAVE HARASSED MINORITIES AND INTIMIDATED RACIAL AND POLITICAL GROUPS. THE INTERNAL REVENUE SERVICE'S INVESTIGATION OF GENERAL MOTORS CORPORATION IS CITED AS AN EXAMPLE OF THE MISUSE OF THE FEDERAL GRAND JURY. THE LOW RATE OF CONVICTIONS, 17 OUT OF 250 INDICTMENTS, IN NEW YORK CITY PROSECUTIONS IS BELIEVED TO ILLUSTRATE BOTH THE USE OF GRAND JURIES AS A TOOL FOR AMBITIOUS PROSECUTORS AND THE POLITICAL EFFECT OF INDICTMENTS. SERIOUS HARM TO A MAYORIAL CANDIDATE WAS TRACED TO RELEASING UNTIMELY INFORMATION CONCERNING AN INDICTMENT. CONTEMPT CHARGES HAVE BEEN USED AGAINST WITNESSES WHO REFUSE TO COOPERATE FULLY WITH PROSECUTORS, EVEN WHEN THE DESIRED INFORMATION HAS LITTLE RELEVANCE TO THE CRIME BEING INVESTIGATED. VICTIMS OF GRAND JURY ABUSE ARE BELIEVED LESS LIKELY TO BE HARDENED CRIMINALS AND MORE LIKELY TO BE IDEALISTIC MEMBERS OF UNPOPULAR GROUPS WHO MERELY REFUSE TO BETRAY THEIR ASSOCIATES. A HANDS-OFF APPROACH BY THE HIGHER COURTS HAS ALLOWED GRAND JURY USE TO REMAIN THE PROSECUTORS' DISCRETION. THE RESTRICTED USE OF GRAND JURIES IN MANY STATES IS NOTED, TOGETHER WITH PROPOSALS THAT INCLUDE THE ABOLITION OF THE GRAND JURY OR ITS MODIFICATION. THE DEVELOPMENT OF CITIZEN INTEREST IS CRUCIAL. (TWK).