In order to restore faith in the system, Cohen argues that changes are needed that will both encourage independent judgment by grand jurors
as well as give those of us outside the grand jury room more confidence in those within.
Then if a witness's testimony before the grand jury is called into question, a former grand juror
must be hauled back into court to read the notes, often resulting in a delay in the proceedings and an inexact account of what actually was said under oath.
In time of peace there is no higher duty a citizen can perform than that of jury service; however, few citizens when called to serve have any understanding of the principles that control the actions of the grand juror
Apparently, the prosecutor would have to decide whether to challenge the potential grand juror
, and the court would have to decide the character standard on a case-by-case basis.
Investigations could commence merely on the personal knowledge of the grand juror
The prosecutor runs the proceedings, calls the witnesses, presents the evidence, answers grand juror
questions, and directs the grand jury when it is time to vote on the charges, which the prosecutor prepares.
The majority of the grand jurors
wanted to indict individual officials of both Rockwell and the Department of Energy (DOE), but the prosecutor had resisted individual indictments.
In many cases, the close scrutiny of grand jury, and the discipline of grand jurors
following their oath, results in charging more offenses.
The order threatens to hold in contempt anyone who communicates with a juror, prospective grand juror
or witness - or reveals secretly-givenevidence.
31) Thus, if in response to a question from a grand juror
for clarification of an element of the charged offense, the prosecutor gives a misleading or seriously erroneous explanation, then dismissal of the indictment may be required.
THE STATE ATTORNEY (OR THE STATEWIDE PROSECUTOR) AS LEGAL ADVISOR TO THE GRAND JURY (No Change) SECRECY OF GRAND JURY PROCEEDINGS (No Change) PROTECTION AND IMMUNITY OF GRAND JURORS (No Change) ON BEING A GRAND JUROR
--SOME PRACTICAL SUGGESTIONS (No Change) CONCLUSION (No Change)
Earlier last month, in response to the case against Officer Darren Wilson in Ferguson, Missouri, a grand juror
filed suit against Chief Prosecutor McCulloch for the First Amendment right to discuss the decision due to McCulloch allegedly misrepresenting the judgment of grand jurors
in his news conference.
Ms Lewinsky said when a grand juror
asked about her confidante-turned-informer.
A grand juror
read about Simmons' conviction and confronted the prosecutor, who contacted the judge, who declared it a "legal nullity.
Following an outcry, the system was amended and grand jurors
are now picked at random.