NCJ Number
82261
Date Published
1980
Length
0 pages
Annotation
Grand jury abuses are illustrated in a case involving a woman, summoned to appear before a grand jury, who refuses to testify based on her 1st, 4th, 5th, 8th, and 9th amendment rights and on the grounds that the subpoena and grand jury questions constitute abuse of the grand jury process.
Abstract
The woman refuses to acknowledge the whereabouts of alleged Federal fugitives. She is represented by counsel who argues that the subpoena and questions deprive individuals of their constitutional rights. Individuals should have a right not to talk to the FBI and not to answer grand jury questions. They owe an obligation to themselves and not merely to the State. However, in their search for the facts, the grand jury process disregards the rights of the individuals. A grand jury panel member in this case assumes that the women is guilty of withholding evidence even though she is not on trial and not accused of a crime. The judge refuses to hold a hearing to explore the issues arising in the case (the illegality of the subpoena, the abuse of constitutional rights) and sentences the woman to 18 months in jail. She is released in 6 months, but the issues remain unresolved.