Subscribe
to CCE
newsletters and event announcements.
E-MAIL ADDRESS:
|
|
Grand Jury Reform
With
the completion of the Council for Court Excellence major petit jury study
in February,1998 momentum grew to conduct a similar review and analysis
of the federal and D.C. courts' grand jury systems and processes. A special
study committee was convened by the Council and the group set about researching
themes relating to the grand jury in two broad areas. "Quality of
Life" issues citizens face in serving as grand jurors in the U.S.
District Court for D.C. and in the D.C. Superior Court occupied a major
portion of the committee's energy; broader "Law Reform" themes
also consumed considerable time and attention throughout the committee's
two year study period.
Like
the Council's petit jury study, the grand jury study project focused attention
on the federal grand jury process, and on the D.C. Superior Court's grand
jury operations. Additionally, this study was entirely funded through
private sector contributions most coming from unrestricted contributions
from members of the board of directors of the Council for Court Excellence.
In
July 2001 the D.C. Grand Jury Study Committee issued its final policy
report, The
Grand Jury of Tomorrow, New Life for an Archaic Institution.
Includes recommendations to improve the grand juries of Washington, DC.
The
Grand Jury of Tomorrow
Summary List of Recommendations:
A. Improving the Structure, Organization, and Selection of the Grand Jury:
1.
Reduce the Size of Grand Juries
2. Create Two Distinct Terms of Service for Grand
Jurors
3. Establish Guidelines for Selection of Grand
Jurors and Grand Jury Foreperson
B. Improving the Effectiveness and Independence of the Grand Jury:
1. Grand Jury Should Meet in a Court Building
2. Review and Supplement Current Grand Jury Orientation
Materials
3. Instruct Grand Jurors of Their Legal Rights
and Responsibilities
4. Follow a Uniform Structure in Case Presentation
5. U.S. Attorney Should Instruct the Grand Jury
on the Elements of Each Crime
C. Improving the Protection of Targets and Witnesses:
1. Do Not Subpoena Subjects or Targets Who Intend
to Invoke Fifth Amendment Privilege
2. Establish Right for Grand Jury Witnesses to
Have Counsel
3. Appoint Counsel for Indigent Grand Jury Witnesses
4. Establish Right of Grand Jury Targets to Testify
5. Provide Miranda-type Warnings to Grand Jury
Witnesses
6. List Miranda-type Rights in Subpoena to Witnesses
7. Require U.S. Attorneys to Present Exculpatory
Evidence
8. Dismiss Indictment If the U.S. Attorney Does
Not Present Exculpatory Evidence
9. Grand Jurors Should Not Name Unindicted Co-conspirators
10. Grand Jury Witness Should Have Right to Transcript
of Testimony
11. Government Should Bear Expense of Burdensome
Document Production
D. Improving Grand Jurors' Safety, Comfort, and Convenience:
1. Prevent Grand Jury Exposure to Witnesses
2. Improve the Facilities Used by Grand Jurors
3. Notify Grand Jurors of Recall Days Earlier
and Do Not Use Recall Days to Begin New Cases
4. Use an Exit Questionnaire to Solicit Feedback
from Grand Jurors.
|
|