NCJ Number
84759
Date Published
1981
Length
34 pages
Annotation
This discussion of the defense use of the grand jury covers preparing the client to testify, exculpatory evidence before the grand jury, and requests to charge.
Abstract
Although a prospective defendant has no legal right to testify before a Federal grand jury which is considering whether or not to indict him her, few prosecutors will pass up the opportunity to question a prospective defendant before a grand jury. Adequate defense preparation for such testimony includes gathering all relevant information on the facts of the case, the extent of the prosecutor's knowledge of the facts, the evidence already presented to the grand jury, the prosecutor's view of the facts, and critical factual and legal issues involved. The client's prior statements which have been recorded or written should be reviewed. The client should be instructed to answer truthfully and restrict answers to information based on personal knowledge. From case law, it would appear that defense counsel can strengthen any dismissal motion premised on a failure to present exculpatory evidence by expressly requesting the prosecutor to submit such evidence before the grand jury votes. Defense counsel may find it advisable to prepare requests to charge for the grand jury and seek to have either the prosecutor or the court instruct the jurors accordingly. Such requests can be tailored to focus on the soft spots in the Government's case and, where desirable, could even marshal the evidence on specific points of law.