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NCJRS Abstract

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NCJ Number:	122965

Title:	Right to Grand Jury Indictment

Journal:	American Criminal Law Review Volume:26 Issue:4 Dated:(Spring 1989) Pages:1457-1475

Author(s):	R S Chun

Date Published:	1989

Page Count:	19

Type:	Legislation/Policy Analysis

Format:	Article

Language:	English

Country:	United States of America

Annotation:	The contemporary function of the grand jury distorts its historical roots, making it serve less to protect individual rights against arbitrary prosecution and more as an effective aid for zealous law enforcement.

Abstract:	Historically, prosecutors initiate grand jury investigations when they have even slight evidence of wrongdoing, and the grand jury assesses whether probable cause exists to believe that a crime has been committed. Over the years, the investigatory powers of the grand jury have broadened. Critics of the grand jury note its dependence on the prosecutor and argue that it is not independent. However, the grand jury will probably continue as a jealously protected institution, both on pragmatic and constitutional grounds. Those seeking to slow the growth of the investigative powers of the grand jury should appeal to legislatures. A uniform law similar to the American Bar Association Model Act could define the rights of self-compulsion, the right to counsel, and the right against unreasonable search and seizure as they relate to grand jury proceedings. 160 footnotes.

Main Term(s):	Grand juries

Index Term(s):	Investigative powers; Prosecutors



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