NCJ Number
60711
Date Published
1979
Length
269 pages
Annotation
THE HEARINGS ON THE GRAND JURY REFORM ACT OF 1978 CONTAIN A STATEMENT ON THE PROVISIONS OF S.3405 AND TESTIMONY FROM U.S. REPRESENTATIVES, LEGAL ASSOCIATIONS, U.S. JUSTICE DEPARTMENT, AND CONCERNED INDIVIDUALS.
Abstract
ALTHOUGH THE GRAND JURY HAD BEEN ESTABLISHED AS AN INDEPENDENT INSTITUTION TO ASCERTAIN THE VALIDITY OF CHARGES BROUGHT AGAINST A CITIZEN, IT HAS BECOME SUBJECT TO MANIPULATION BY GOVERNMENT OFFICIALS AND EVEN USED AS A WEAPON AGAINST POLITICAL DISSENTERS. THE SENATE REFORM ACT SEEKS TO CORRECT THESE ABUSES AND RETURN THE GRAND JURY TO ITS HISTORICAL FUNCTION. IN GENERAL THE BILL PROPOSES TO INCREASE THE INDEPENDENCE OF THE GRAND JURY, ESTABLISH STANDARDS AND PROCEDURES FOR INVESTIGATIONS, PROTECT THE CONSTITUTIONAL RIGHTS OF WITNESSES, AND ESTABLISH REQUIREMENTS FOR THE FILING OF ANNUAL GRAND JURY REPORTS. THE ADOPTION OF GUIDELINES FOR GRAND JURY REFORMS BY BAR ASSOCIATIONS AND MOVES BY STATE LEGISLATORS TO CONSIDER SUCH REFORMS HAVE BEEN INFLUENCED BY THE HOUSE HEARINGS. OFFICIALS FROM THE DEPARTMENT OF JUSTICE AND THE NATIONAL DISTRICT ATTORNEY'S ASSOCIATION TESTIFIED AGAINST THE PASSAGE OF THE BILL. SEVERAL TABLES FROM THE 1977 REPORT OF THE DIRECTOR OF ADMINISTRATION OF THE U.S. COURTS ON CASE CONVICTION RATES AND THE DISPOSITION OF CIVIL AND CRIMINAL CASES ARE APPENDED TO THE JUSTICE DEPARTMENT'S STATEMENT. WITNESSES REPRESENTING THE FOLLOWING ORGANIZATIONS TESTIFIED ON BEHALF OF GRAND JURY REFORM: THE GRAND JURY PROJECT, CENTER FOR CONSTITUTIONAL RIGHTS, NATIONAL LAWYERS GUILD, AMERICAN BAR ASSOCIATION, AND THE COALITION TO END GRAND JURY ABUSE. INDIVIDUALS WHO HAD BEEN INVOLVED IN INVESTIGATIONS OF GRAND JURY PROBLEMS, AS WELL AS VICTIMS OF GRAND JURY ABUSE, COMMENTED ON THE BILL. A STATEMENT FROM THE PRESIDENT OF THE NEWSPAPER GUILD WAS SUBMITTED FOR THE RECORD. (MJM)