Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1 6/24/83; site hou3c.UUCP Path: utzoo!watmath!clyde!burl!hou3c!ka 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 References: <1238@sdcrdcf.UUCP> <194@amd.UUCP> Organization: Bell Labs, Holmdel, NJ Lines: 39 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