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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.


 

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