NCJ Number
10163
Journal
American Criminal Law Review Volume: 10 Issue: 4 Dated: (SUMMER 1972) Pages: COMPLETE ISSUE
Date Published
1972
Length
300 pages
Annotation
POLITICAL, CONSTITUTIONAL, AND PRACTICAL CONTROVERSIES SURROUNDING THE GRAND JURY PROCESS ARE ANALYZED IN THIS VOLUME OF SIX ARTICLES AND A BIBLIOGRAPHY.
Abstract
THE PROPRIETY OF AND THE NEED FOR FIRST AMENDMENT LIMITATIONS ON THE GRAND JURY PROCESS, WITH SPECIAL EMPHASIS ON PROBLEMS POSED TO THE SEPARATION OF POWERS AND TO JUDICIAL INTEGRITY, ARE CONSIDERED. POSSIBLE SUBSTANTIVE AND PROCEDURAL OBSTACLES WHICH A PRACTICING ATTORNEY MAY ENCOUNTER IN RAISING THESE ISSUES ARE OUTLINED. A DISCUSSION OF THE ORIGIN OF THE GRAND JURY IS INCLUDED, AND THE FUNCTIONING OF THE GRAND JURY IN TIMES OF POLITICAL STRESS, INCLUDING OUR OWN TIME IS DESCRIBED. THE AUTHOR SEEKS TO SHOW THAT THE GRAND JURY PROCEEDINGS IN THOSE HISTORICAL ERAS WERE POLITICAL TRIALS. ANOTHER ARTICLE TRACES THE HISTORICAL BACKGROUND OF JURY SELECTION CASES AND CONSIDERS THE MATHEMATICS OF JUROR SELECTION, THE DIFFICULTY OF ARGUING THAT THE GRAND JURY'S DETERMINATION OF PROBABLE CAUSE IS NOT A CRITICAL STAGE OF A CRIMINAL PROSECUTION IS DEMONSTRATED. THE PROBLEMS OF GRAND JURY WITNESS TESTIMONY AND THE GRANTING OF IMMUNITY ARE DESCRIBED. THE RELATION BETWEEN WITNESS INTERROGATION AND ILLEGAL WIRETAPPING IS COVERED.