NCJ Number
75691
Date Published
1980
Length
79 pages
Annotation
This report discusses actions necessary to better protect and maintain the secrecy of Federal grand jury proceedings, as determined by the General Accounting Office.
Abstract
The grand jury is one of the Government's more effective tools to combat organized crime, drug trafficking, and white collar crime. The effective prosecution of these crimes depends largely on securing grand jury proceedings to encourage witnesses to testify and produce evidence and to keep persons under investigation from hampering investigations. However, hundreds of times information about grand jury proceedings has been disclosed in the news media, public court files, and public court proceedings. The results of such disclosures include witness disappearance, damaged reputations of innocent parties, and delay or termination of investigations. Disclosures of grand jury proceedings will continue until district courts receive definite guidance and direction on what specific information and documents must be kept secret and what custodians of secret material and information must do to keep it secret. Opinions differ on whether the following should be kept secret; court proceedings ancillary to grand jury proceedings, grand jury subpoenas, evidence developed independent of but later introduced to the grand jury, grand juror identities, and copies of documentary materials presented to the grand jury. The Federal judiciary does not have a consistent program to secure grand jury materials and information. Because such procedures are not in place, disclosures have come from Federal district courts, grand jurors, and other sources. The General Accounting Office recommends that the Judicial Conference of the United States develop a proposed amendment to rule 6(e) of the Federal Rules of Criminal Procedure defining what must be kept secret during the duration of grand jury proceedings. The conference should establish guidelines setting forth the minimum security requirements needed to protect grand jury materials. It should require each custodian of grand jury materials to establish procedures consistent with security guidelines. In addition, Jury System Improvement Act plans must be reviewed, internal audits of custodians of grand jury materials should be conducted, and the physical security around grand jury rooms should be evaluated. Appendixes and a few footnotes and photographs are included in the report. (Author abstract modified)