NCJ Number
84756
Date Published
1981
Length
339 pages
Annotation
Thirteen articles discuss various aspects of defense tactics in the preindictment stage of criminal cases, including preparation for grand jury proceedings.
Abstract
Steps to be taken by defense counsel in properly representing a client who has been subpoenaed as a witness before a grand jury are discussed, followed by consideration of the evolution of the scope of fifth amendment protection against the compelled production of documents for grand jury proceedings. Recent developments in the attorney-client and work product doctrines of interest to criminal defense attorneys are also discussed, along with defense use of the grand jury, including preparing the client to testify, exculpatory evidence before the grand jury, and requests to charge. Some of the other studies examine electronic surveillance and grand jury practice, tactical considerations in representing grand jury witnesses whose testimony is sought to be compelled through a grant of immunity, the role of counsel at immunity proceedings, and dealing with the prosecutor at the preindictment stage. A discussion of defense counsel's preindictment contact with the prosecutor considers whether to appear formally for the client, posturing in the preindictment stage, defense investigation and discovery in the preindictment phase, and speedy trial considerations. The remaining studies focus on the key principles of parallel proceedings, the obstruction of justice, and multiple representation. Notes and references accompany some of the presentations.