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From: ka@hou3c.UUCP (Kenneth Almquist)
Newsgroups: net.legal
Subject: Re: Criminal Prosecution
Message-ID: <754@hou3c.UUCP>
Date: Wed, 15-Aug-84 13:08:04 EDT
Article-I.D.: hou3c.754
Posted: Wed Aug 15 13:08:04 1984
Date-Received: Thu, 16-Aug-84 01:37:28 EDT
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Organization: Bell Labs, Holmdel, NJ
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I think that Mike Eager paints an excessively negative picture of
grand juries.

1)  As far as I know a witness at a grand jury may be represented by
    a lawyer, just as a witness in any other judicial proceeding may.

2)  Witnesses are required to testify when called before a grand jury,
    as are witnesses called before other judicial procedings.  Witnesses
    are never required to answer all questions; for example witnesses
    are not required to incriminate themselves.  In the case of the
    grand jury, certain other considerations protect witnesses:
    - Grand Jury procedings are generally not made public, so the
      privacy of the witnesses is protected.
    - Questions are asked only by the DA or by jurors, which means that
      witnesses are not generally subjected to cross-examinations designed
      to damage the credibility of the witness.

3)  A major function of the grand jury is to prevent prosecutors from
    harassing citizens by filing frivolous suits against them.  A grand
    jury attempts to decide whether a convincing case can be made against
    a person.  After a person is indicted by a grand jury, he or she
    still has to be tried in order to make a final determination of guilt
    or innocence.  A grand jury cannot perform the function of a trial
    jury, but it can save a suspect from the time and expense of a trial
    if the prosecution does not have a reasonable case.

4)  Grand juries can return presentments as well as indictments.

5)  In some places, revealing information about the contents of a grand
    jury proceding is a criminal offense.  The person whose reputation is
    hurt by a grand jury investigation is not alone.  If a person is
    arrested, the press are generally informed of the event.

The biggest problem with the use of grand juries is that the DA has a lots
of control.  The DA works with the grand jury in an advisory role and is
generally able to persuade the grand jury to his or her point of view.
Therefore, the notion of an independent grand jury preventing abuses by
the DA is probably more myth than fact.
					Kenneth Almquist