NCJ Number
57288
Date Published
1978
Length
0 pages
Annotation
THE REPRESENTATION OF WITNESSES BEFORE THE GRAND JURY AND REFORMS OF THE GRAND JURY SYSTEM ARE DISCUSSED IN THIS PROGRAM FOR DEFENSE ATTORNEYS.
Abstract
THE U.S. SUPREME COURT HAS STEADILY EXPANDED THE SUBPOENA AND INVESTIGATORY POWERS OF THE FEDERAL GRAND JURY, MAKING THE GRAND JURY AN ARM OF THE PROSECUTOR, AND REMOVING THE STATUS OF THE GRAND JURY AS A PROTECTOR OF THE CITIZEN FROM GOVERNMENTAL ABUSES. JURORS TYPICALLY DEVELOP THE SELF-IMAGE OF BEING A PART OF THE PROSECUTORIAL TEAM. IN THE DEFENSE OF THE INDIVIDUAL UNDER GRAND JURY SUBPOENA, COUNSEL SHOULD ASCERTAIN FROM THE CLIENT THE SUBJECT OF THE INVESTIGATION. NEWSPAPERS AND MAGAZINES SHOULD BE EXAMINED IN THE SEARCH FOR ADDITIONAL INFORMATION ON THE CRIMES THAT MAY HAVE BEEN COMMITTED AND THE PERSONS WHO MAY HAVE BEEN INVOLVED. OFFICIAL STATEMENTS MAY HAVE PREVIOUSLY BEEN ISSUED BY POLITICIANS AND PROSECUTORS CONCERNING THE SCOPE OF THE INVESTIGATION. THE ATTORNEYS FOR OTHER PARTIES TO THE INVESTIGATION SHOULD BE CONTACTED TO DISCOVER THE KIND OF QUESTIONS BEING ASKED. THE PROSECUTOR SHOULD ALSO BE ASKED TO MAKE HIS INQUIRIES INFORMALLY, WITHOUT RESORT TO GRAND JURY PROCEEDINGS. THE STATUS OF THE CLIENT, AS MERE WITNESS OR AS POTENTIAL DEFENDANT, SHOULD BE DETERMINED. THE COUNSELOR SHOULD MAKE AVAILABLE THE INFORMATION SOUGHT BY THE PROSECUTION WITHOUT JEOPARDIZING THE CLIENT'S PROTECTION AGAINST SELF-INCRIMINATION. A WRITTEN AGREEMENT OF IMMUNITY SHOULD BE OBTAINED FROM THE PROSECUTOR. CANDOR AND TRUTHFULNESS MUST TYPIFY A CLIENT'S STATEMENTS. IT IS IMPROPER FOR A PROSECUTOR TO SUBPOENA A WITNESS WHO INTENDS TO ASSERT HIS FIFTH AMENDMENT PROTECTION. (TWK).