NCJ Number
57451
Journal
ARIZONA STATE LAW REVIEW Volume: 1975 Issue: 4 Dated: (1975) Pages: 841-870
Date Published
1975
Length
30 pages
Annotation
THE EFFICACY OF THE ARIZONA STATE GRAND JURY ACT IN PROVIDING FOR STATE-LEVEL PARTICIPATION IN CRIMINAL INVESTIGATIONS AND PROSECUTIONS OF COMPLEX ORGANIZED CRIME CASES IS ANALYZED.
Abstract
THE ACT BECAME EFFECTIVE ON SEPTEMBER 12, 1975, MAKING ARIZONA THE SIXTH STATE TO PROVIDE FOR A GRAND JURY WITH STATEWIDE JURISDICTION. THE PURPOSE OF THE ACT IS TO PROVIDE A MEANS OF DEALING EFFECTIVELY WITH THE PROBLEM OF ORGANIZED CRIME. IT ALLOWS THE IMPANELING OF A GRAND JURY WITH STATEWIDE JURISDICTION TO INVESTIGATE AND RETURN INDICTMENTS FOR CERTAIN SPECIFIED CRIMES OF A COMPLEX MULTICOUNTY NATURE. TWO MAJOR CHANGES HAVE RESULTED FROM PASSAGE OF THE ACT, BOTH DESIGNED TO FACILITATE THE INVESTIGATION AND PROSECUTION OF COMPLEX CRIMES. FIRST, THE ACT PROVIDES FOR THE ATTORNEY GENERAL AR A DESIGNEE TO PERFORM THE PROSECUTORIAL FUNCTION. SECOND, THE ACT ALLOWS THE INVESTIGATION AND PROSECUTION OF CRIME TO PROCEED BEFORE THE STATE GRAND JURY WITHOUT HINDRANCES IMPOSED BY PAROCHIAL LIMITATIONS OF A COUNTY GRAND JURY. THE ACT IN ARIZONA REPRESENTS A MODIFIED VERSION OF GRAND JURY LEGISLATION IN NEW JERSEY WITH REGARD TO THE NEED FOR AN EFFECTIVE INVESTIGATIVE TOOL, THE NEED FOR ACCESS TO THE GRAND JURY, THE NEED FOR AN ADEQUATE NUMBER OF GRAND JURIES, LENGTH OF TERM (120 DAYS FOR COMPLEX ORGANIZED CRIMES IN ARIZONA VERSUS AN UNSPECIFIED PERIOD IN NEW JERSEY), THE NEED FOR RULES OF PROCEDURE, ACCESS TO FUNDS (JURY COSTS AND EXPENSES), THE LIMITED SUBJECT MATTER JURISDICTION OF THE GRAND JURY, DEFERENCE TO COUNTY PROSECUTORS, AND PROTECTION FROM PROSECUTORIAL ABUSE. THE EFFECT OF RESTRICITONS PLACED ON THE USE OF THE STATE GRAND JURY IN ARIZONA APPEARS TO BE THAT STATE-LEVEL INVESTIGATIONS WILL TAKE PLACE ONLY ON AN EXPERIMENTAL BASIS, I.E., THE STATE WILL BE PERMITTED TO CONDUCT A LIMITED NUMBER OF INVESTIGATIONS BEFORE THE STATE GRAND JURY WHILE LEAVING THE REMAINING INVESTIGATIONS TO COUNTIES. UNLESS SOME RESTRICTIONS ARE REMOVED, THE ARIZONA GRAND JURY WILL NOT BE AS EFFECTIVE IN COMBATTING ORGANIZED CRIME AS THE NEW JERSEY GRAND JURY. THE ROLE OF THE STATE ATTORNEY GENERAL IN CRIMINAL MATTERS IS EXPLORED. CASE LAW IS CITED. (DEP)