NCJ Number
47714
Date Published
1978
Length
4 pages
Annotation
GRAND JURY REFORMS UNDER CONSIDERATION IN FEDERAL AND STATE LEGISLATURES, PROSECUTORIAL CONTROL OF GRAND JURIES, AND CALIFORNIA'S METHOD OF HANDLING CRIMINAL CASES WITHOUT USING A GRAND JURY ARE DISCUSSED.
Abstract
ISSUES ADDRESSED IN LEGISLATION INTRODUCED IN CONGRESS AND IN STATE LEGISLATURES TO REFORM GRAND JURY PRACTICES INVOLVE PROTECTING GRAND JURY WITNESSES BY GRANTING USE IMMUNITY (GUARANTEEING THAT COMPELLED TESTIMONY MAY NOT BE USED AGAINST THE WITNESS IN A CRIMINAL PROCEEDING) OR TRANSACTIONAL IMMUNITY (GUARANTEEING THAT A WITNESS WHO IS COMPELLED TO TESTIFY WILL NOT SUBSEQUENTLY BE PROSECUTED FOR ANY TRANSACTION MENTIONED IN THE TESTIMONY), ALLOWING LAWYERS INSIDE THE GRAND JURY ROOM, REPLACING THE PROSECUTOR AS LEGAL ADVISER TO THE GRAND JURY, GUARDING AGAINST UNAUTHORIZED DISCLOSURES, SCREENING INDICTMENTS, AND CHANGING THE GRAND JURY SIZE. CRITICS OF THE GRAND JURY CLAIM THAT THE BALANCE BETWEEN INDIVIDUAL AND STATE INTERESTS HAS BEEN TIPPED AGAINST THE INDIVIDUAL AND THAT GRAND JURIES ARE TOOLS OF THE PROSECUTION. IN CALIFORNIA, MOST CRIMINAL CASES ARE PROCESSED IN A PRELIMINARY HEARING BEFORE A JUDGE. DEFENDANTS UNDER THIS SYSTEM APPEAR TO HAVE AN EDGE OVER DEFENDANTS PROCESSED BY A GRAND JURY IN THAT THE PRELIMINARY HEARING ALLOWS THE DEFENSE ENTRY AT THE 'GROUND FLOOR' OF THE CASE. CALIFORNIA GRAND JURIES DEVOTE MOST OF THEIR EFFORTS TO UNCOVERING INEFFICIENCY, WASTE, AND CORRUPTION IN COUNTY GOVERNMENT. DISTRICT ATTORNEYS MAY EXERCISE THE OPTION TO BRING CRIMINAL CASES TO TRIAL THROUGH A GRAND JURY. IN LOS ANGELES, THE CRIMINAL CASES IN WHICH THE GRAND JURY HAS BECOME INVOLVED HAVE BEEN MAJOR FRAUDS AND OTHER COMPLEX WHITE-COLLAR CRIMES, CRIMES ALLEGEDLY COMMITTED BY PUBLIC OFFICIALS OR POLICE, CASES IN WHICH THE PROSECUTION WANTED TO KEEP AN INVESTIGATION SECRET, AND CASES INVOLVING PROMINENT PEOPLE FOR WHOM THE PUBLICITY GENERATED IN A PRELIMINARY HEARING WOULD HAVE MADE IT DIFFICULT TO FIND AN IMPARTIAL JURY. (LKM)