-Caveat Lector-
Eric Stewart wrote:
>
> Grand Juries: Back in the 60's the government used grand juries to some
> small degree. Today, every Federal case - 99.9% of all Federal cases -
> involves indictment by grand jury. That means no preliminary hearing, no
> confrontation, and no lawyer present on the behalf of the accused. The
> accused isn't there and doesn't see, hear or confront, or cross-examine
> his or her accusers. The grand jury system by its nature is secretive;
> it is considered a felony to reveal anything that occurred or what your
> testimony was.
>
> We have a kind of misplaced historical procedure. We inherited the grand
> jury from English Common Law, where they used it to go after the lords
> and persons who were otherwise above the law. In a sense it was needed
> and justified then. But in our country, it is used now as an instrument
> of terror. Everyone fears it. You have relatives testifying against one
> another. With no confidentiality privilege with respect to family
> members other than husbands and wives, you have parents called to
> testify against their children. Children are called to testify against
> their parents, and brother against sister, and so on. It lacks all due
> process. It is immoral. It is an instrument of oppression. It's another
> secret tool of an expanding executive branch.
>
The fact that the grand jury is being misused by prosecutors is not a
reason to get rid of it. What would happen instead? Instead you would
have the Prosecutor indict by information. The accused would not even
have the protection of the grand jury. He would have to go directly to
trial. The grand jury is supposed to be a protection. The problem is
that most people who serve on the grand jury do not understand their job
until after they have served. Also, judges have tried failed to enpanel
enough grand juries to cover the case load. In Fulton County (Atlanta)
the grand juries have over and over requested more juries be enpanelled
because of the high case load, but the judges have ignored them. I went
through all the presentments of the Fulton County grand juries from the
30s to about five years ago. Over and over they would complain of the
case load and that they were not able to do their jobs. But the judges
want them too busy. Keeps them from looking into how the county
government is run, etc. Why are you taking the prosecutors side in
wanting to get rid of grand juries? Where did you get the information
you are basing the above on?
Howard Davis
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