NCJ Number
57614
Journal
American Bar Association Journal Volume: 65 Dated: (MAY 1979) Pages: 725-729
Date Published
1979
Length
5 pages
Annotation
THE PERSONAL EXPERIENCES OF A PERSON WHO SPENT OVER 2 MONTHS ON A DISTRICT OF COLUMBIA GRAND JURY ARE PRESENTED TO JUSTIFY THE STATEMENT THAT 'THE GRAND JURY SYSTEM SHOULD BE ABOLISHED IF TRUE JUSTICE IS TO PREVAIL.'
Abstract
HISTORICALLY, THE GRAND JURY WAS SET UP AS A BUFFER BETWEEN THE INDIVIDUAL CITIZEN AND UNWARRANTED, IRRESPONSIBLE CHARGES AND SEARCHES AND SEIZURES. AS THINGS DEVELOPED, HOWEVER, THE GRAND JURY IS JUST A CORPS OF CITIZENS WHO USUALLY AGREE TO WHATEVER EVIDENCE IS PRESENTED BY THE PROSECUTING ATTORNEYS. IN THIS JUROR'S EXPERIENCE, ONE OF THE PRESENTING ATTORNEYS WAS EXTREMELY ILL PREPARED AND USED INTIMIDATING TACTICS TO COVER UP LACK OF EVIDENCE. ALTHOUGH THE JURORS' INSTRUCTION BOOK SPECIFICALLY SAID 'AN ACCUSED MAY BE GIVEN THE OPPORTUNITY BY THE GRAND JURY TO APPEAR BEFORE IT AND THE GRAND JURORS MAY ALWAYS SEEK THE ADVICE OF THE JUDGE', THE JURY WAS DENIED AN OPPORTUNITY TO TALK TO THE DEFENDANT AND THE JUDGE CONSISTENTLY REFUSED TO ANSWER PROCEDURAL QUESTIONS. IN ONE INSTANCE, THE RECORDING MACHINE FOR THE OFFICIAL RECORD WAS RECONNECTED AND A JUROR CAUGHT THE PROSECUTING ATTORNEY ADDING INFORMATION TO THE RECORD AFTER THE VOTE HAD BEEN TAKEN. VOTING WAS DONE BY A SHOW OF HANDS. ONLY AFFIRMATIVES ARE COUNTED. NO RECORD IS MADE OF NEGATIVES OR ABSTENTIONS. THEREFORE, A COMPLETE RECORD IN NOT AVILABLE. THE JUDGE REFUSED TO GIVE A REASON FOR THIS. THE GRAND JURY IS CALLED A PUPPET OF THE PROSECUTION AND MOST OF THE CASES HEARD DURING THIS PARTICULAR TERM WERE QUITE PETTY. AFTER 6 MONTHS ON THE JOB, A MONTGOMERY COUNTY, MD., GRAND JURY ISSUED AN UNUSUAL REPORT SUGGESTING THE COUNTY ABOLISH ITS GRAND JURY SYSTEM. THIS PARTICULAR JUROR FEELS ALL GRAND JURIES SHOULD BE ABOLISHED. (GLR)