Grand Jury Refonn: a Review of Key Issues
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Grand Jury Handbook-For Jurors
Grand Jury Handbook From the Office of Your District Attorney Welcome to The Grand Jury Welcome. You have just assumed a most important role in the administration of justice in your community. Service on the Grand Jury is one way in which you, as a responsible citizen, can directly participate in government. The Grand Jury has the responsibility of safeguarding individuals from ungrounded prosecution while simultaneously protecting the public from crime and criminals. The purpose of this handbook is to help you meet these responsibilities, and be knowledgeable about your duties and limitations. Your service and Copyright April, 2004 acceptance of your duties as a serious commitment to the community is Prosecuting Attorneys’ Council of Georgia greatly appreciated. Atlanta, Georgia 30303 This handbook was prepared by the staff of the Prosecuting Attorneys’ Council of Georgia and provided to you by your District Attorney’s All rights reserved office to help you fulfill your duties as a Grand Juror. It summarizes the history of the Grand Jury as well as the law and procedures governing the Grand Jury. This handbook will provide you with an overview of the duties, functions and limitations of the Grand Jury. However, the If you have a disability which requires printed materials in alternative formats, legal advice given to you by the court and by me and my assistants will please contact the Prosecuting Attorneys’ Council of Georgia at 404-969-4001. provide a more comprehensive explanation of all of your responsibilities. I sincerely hope you will find the opportunity to participate in the enforcement of the law an enlightening experience. -
A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed. -
Bills of Attainder and the Formation of the American Takings Clause at the Founding of the Republic Duane L
Campbell Law Review Volume 32 Article 3 Issue 2 Winter 2010 January 2010 Bills of Attainder and the Formation of the American Takings Clause at the Founding of the Republic Duane L. Ostler Follow this and additional works at: http://scholarship.law.campbell.edu/clr Part of the Constitutional Law Commons Recommended Citation Duane L. Ostler, Bills of Attainder and the Formation of the American Takings Clause at the Founding of the Republic, 32 Campbell L. Rev. 227 (2010). This Article is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law Review by an authorized administrator of Scholarly Repository @ Campbell University School of Law. Ostler: Bills of Attainder and the Formation of the American Takings Clau Bills of Attainder and the Formation of the American Takings Clause at the Founding of the Republic DUANE L. OSTLER* I. INTRODUCTION .............................................. 228 II. TAKINGS IN AMERICA PRIOR TO 1787 ....................... 228 A. Takings in the Colonies Prior to Independence ....... 228 B. The American Revolution and the Resulting State Constitutions ................................... 231 III. THE HISTORY BEHIND THE BAN ON BILLS OF ATTAINDER AND THE FIFTH AMENDMENT TAKINGS CLAUSE ................... 236 A. Events Leading to the Fifth Amendment .............. 236 B. Madison's Negative Opinion of a Bill of Rights ....... 239 C. Madison's Views on the Best Way to Protect Property Righ ts ................................................ 242 IV. SPECIFIED PROPERTY PROTECTIONS IN THE BODY OF THE CONSTITUTION .......................................... 246 A. Limits Specified in Article 1, Section 10 .............. 246 B. The Ban on Bills of Attainder .................... 248 V. -
Sanctification, Homosexuality, and God's Triune Life Iod
itficult to sort out these distinctions. See , 'Psychology and the Church's Teaching pp. 6-23. msibility trans. H. T. Willetts (New York: rrice Vaticana/Paulist Press, 1994), $2357. 'l Children and Suggestions for Pastoral Sanctifi catioil, Homosexuality, and God's Triune Life Eugene F. Rogers, Jr. While Christians have always debated "practical" issues like ordination of women, freeing of slaves, and marriage-like unions for gay and lesbian people,l they have also always treated embodiment as one of the "highest" concerns of their intellectual discourse, from the election of Israel to the incarnation of God and the resurrection of the dead. Put another way, theology has used one set of terms - creation, election, incarnition, resurrection - while ethically charged post-modern discourse uses another - embodiment, race, gender, orientation. Theologians such as Karl Barth tell us that ethics and high theology ought to be closely related,z and anthropologists of religion such as Clifford Geertz tell us similar things about ethos and worldview, or social and intellectual practices.3 Yet only too rarely do Christian ethicists connect doctrines such as incarnation, election, and resurrection with race, gender, and orientation.a My constructive proposals attempt to renegotiate ethos and worldview in Christianity by reference to the central symbols that connect them - where ethos includes the practices of marriage (or lack thereof) for straight, gay, and lesbian people; worldview includes what Christians believe about the world, signally dogmatics ("a critical native model"s); and the central symbol is the body of Christ enacted in the sacraments. Marriage and the Eucharist (as well as baptism and monastic vows) tell Christians what bodies are for before God, or what they mean, by incorporating them into the body of Christ. -
Grand Jury Duty in Ohio
A grand jury is an essential part of the legal system. What Is a Grand Jury? In Ohio, a grand jury decides whether the state Thank you for your willingness to help your has good enough reason to bring felony charges fellow citizens by serving as a grand juror. As against a person alleged to have committed a a former prosecuting attorney, I can attest crime. Felonies are serious crimes — ranging that you have been asked to play a vital role from murder, rape, other sexual assaults, and in American democracy. kidnapping to drug offenses, robbery, larceny, financial crimes, arson, and many more. The justice system in America and in Ohio cannot function properly without the The grand jury is an accusatory body. It does not dedication and involvement of its citizens. determine guilt or innocence. The grand jury’s I guarantee that when you come to the end duty is simply to determine whether there is of your time on the grand jury, you will sufficient evidence to make a person face criminal consider this service to have been one of the charges. The grand jury is designed to help the best experiences of your life. state proceed with a fair accusation against a person, while protecting that person from being Our society was founded on the idea of equal charged when there is insufficient evidence. justice under law, and the grand jury is a critical part of that system. Thank you again In Ohio, the grand jury is composed of nine for playing a key role in American justice. -
Bills of Attainder
University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship Winter 2016 Bills of Attainder Matthew Steilen University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Legal History Commons Recommended Citation Matthew Steilen, Bills of Attainder, 53 Hous. L. Rev. 767 (2016). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/123 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. ARTICLE BILLS OF ATTAINDER Matthew Steilen* ABSTRACT What are bills of attainder? The traditional view is that bills of attainder are legislation that punishes an individual without judicial process. The Bill of Attainder Clause in Article I, Section 9 prohibits the Congress from passing such bills. But what about the President? The traditional view would seem to rule out application of the Clause to the President (acting without Congress) and to executive agencies, since neither passes bills. This Article aims to bring historical evidence to bear on the question of the scope of the Bill of Attainder Clause. The argument of the Article is that bills of attainder are best understood as a summary form of legal process, rather than a legislative act. This argument is based on a detailed historical reconstruction of English and early American practices, beginning with a study of the medieval Parliament rolls, year books, and other late medieval English texts, and early modern parliamentary diaries and journals covering the attainders of Elizabeth Barton under Henry VIII and Thomas Wentworth, earl of Strafford, under Charles I. -
Catholic Legal Thought's Response to Legal Realism John M
Marquette Law Review Volume 98 Article 5 Issue 3 Spring 2015 The orF gotten Jurisprudential Debate: Catholic Legal Thought's Response to Legal Realism John M. Breen Lee J. Strang Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Jurisdiction Commons, Public Law and Legal Theory Commons, and the Religion Law Commons Repository Citation John M. Breen and Lee J. Strang, The Forgotten Jurisprudential Debate: Catholic Legal Thought's Response to Legal Realism, 98 Marq. L. Rev. 1203 (2015). Available at: http://scholarship.law.marquette.edu/mulr/vol98/iss3/5 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. THE FORGOTTEN JURISPRUDENTIAL DEBATE: CATHOLIC LEGAL THOUGHT’S RESPONSE TO LEGAL REALISM* JOHN M. BREEN** LEE J. STRANG*** I. INTRODUCTION ................................................................................. 1205 II. THE RECEIVED WISDOM IN AMERICAN LEGAL HISTORY: WE’RE ALL REALISTS NOW, AND RIGHTLY SO .......................... 1209 A. The Dominant Narrative: The Triumph of Legal Realism ... 1209 B. The Nonexistent or Weak Rejoinder to Legal Realism by Catholic Legal Scholars ....................................... 1210 III. THE RISE OF LEGAL REALISM AND CATHOLIC LEGAL THOUGHT’S RESPONSE ................................................................... -
Reforming the Grand Jury Indictment Process
The NCSC Center for Jury Studies is dedicated to facilitating the ability of citizens to fulfill their role within the justice system and enhancing their confidence and satisfaction with jury service by helping judges and court staff improve jury system management. This document was prepared with support from a grant from the State Justice Institute (SJI-18-N-051). The points of view and opinions offered in this document are those of the authors and do not necessarily represent the official position or policies of the National Center for State Courts or the State Justice Institute. NCSC Staff: Paula Hannaford-Agor, JD Caisa Royer, JD/PhD Madeline Williams, BS Allison Trochesset, PhD The National Center for State Courts promotes the rule of law and improves the administration of justice in state courts and courts around the world. Copyright 2021 National Center for State Courts 300 Newport Avenue Williamsburg, VA 23185-4147 ISBN 978-0-89656-316-2 Table of Contents Introduction ...........................................................................................................1 What Is a Grand Jury?............................................................................................2 Special Duties .........................................................................................................3 Size Requirements...................................................................................................4 Term of Service and Quorum Requirements ...........................................................5 Reform -
Student Study Guide Chapter Seven
STUDENT STUDY GUIDE CHAPTER SEVEN Multiple Choice Questions 1. Which of the following contributes to a large amount of public attention for a criminal trial? a. Spectacular crime b. Notorious parties c. Sympathetic victim d. All of the above 2. How are most criminal cases resolved? a. Arraignment b. Plea Bargaining c. Trials d. Appeals 3. Preventive detention has been enacted into law through the ____________. a. Bail Reform Act b. Bail Restoration Act c. Bond Improvement Act d. Bond Policy Act 4. The customary fee for a bail bondsman is ____ of the bail amount. a. 5% b. 10% c. 20% d. 25% 5. Which of the following is not a feature of the grand jury? a. Open to the public b. Advised by a prosecuting attorney c. Sworn to forever secrecy d. Size variation among states 6. If a defendant refuses to enter a plea, the court enters a(n) ____________ plea on his or her behalf. a. guilty b. not guilty c. nolo contendere d. Alford 1 7. Who is responsible for preparing a presentence investigation report? a. Judge b. Jury c. Probation officer d. Corrections officer 8. If a motion for _____________ is granted, one side may have to produce lists of witnesses and witness roles in the case. a. discovery b. severance c. suppression d. summary judgment 9. Which of the following motions may be requested in order to make the defendant appear less culpable? a. Motion for discovery b. Motion in limine c. Motion for change of venue d. Motion to sever 10. Which of the following motions might be requested as the result of excessive pretrial publicity? a. -
Haworthpeter.Pdf (1.4MB)
Community and Federalism in the American Political Tradition A Dissertation submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Government By Peter Daniel Haworth, M.A. Washington, D.C. December 11, 2008 Community and Federalism in the American Political Tradition Peter Daniel Haworth, M.A. Thesis Advisor: George W. Carey, Ph.D. ABSTRACT Aside from the various minor issues, there are two major questions that are addressed in this dissertation: (1) Can socially cohesive community be attributed to the local and/or federal levels of the American system in the colonial and founding periods? (2) How has the political centralization of the twentieth century affected socially cohesive community and public policy for “sensitive” issues, which require such cohesion to become settled? The author attempts to answer these questions via articulating and defending the following thesis: Socially cohesive community (i.e., a mode of intrinsically valuable friendship community that can develop around shared thick-level values and that is often associated with political activity and local interaction) was a possibility for local- level communities during the colonial and founding periods of American history; whereas, when the colonies/States were grouped together as an aggregate union, they did not constitute a true nation or single community of individuals. Hence, such “union” lacked a common good (and, a fortiori , it lacked a thick-level common good necessary for social cohesion). Through the course of American history, the political system has been centralized or transformed from a federal system into a de facto unitary system, and this change has undermined the possibility of social cohesion at the local level. -
The Inquisitorial Functions of Grand Juries
THE INQUISITORIAL FUNCTIONS OF GRAND JURIES GEORGE H. DESSIONO AND ISADORE H. COHENt WHILE denying the traditional virtues of grand juries and dis- crediting them as wielders of the power of indictment, current criticism nevertheless remains non-committal as to their value for John Doe investigation into crime. As epitomized by the report of the National Commission for Law Observance and Enforcement, there seems to be some feeling that they are still of possible use in that quarter: "Today the grand jury is useful only as a general investigating body for inquiring into the con- duct of public officers and in case of large conspiracies. It should be retained as an occasional instrument for such purposes... j" In the same vein, legislation in the information states, mirrored in the American Law Institute's Draft Code of Criminal Pro- cedure, retains the possibility of impanelling occasional grand juries for purposes of investigation.2 But with attention concentrated on the disadvantages of ac- cusation by indictment, the implications of provision for merely occasional grand juries have perhaps not been entirely foreseen. For these two problems-accusation and investigation-are scarcely separable, either in practice or policy. Grand jury in- quiry has by no means been confined to city-wide inquiries into "the conduct of public officers," nor again to dealing with "large conspiracies." Criminal investigation has also its everyday side. Not infrequently witnesses must be subpoenaed, i.e., there must be an investigation, before it is possible to determine on a charge against some particular person, whether complaint before a magistrate or information by the prosecutor be the step con- templated. -
Reviving Federal Grand Jury Presentments
Reviving Federal Grand Jury Presentments Ren~e B. Lettow No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury .... In March 1992, Rockwell International pled guilty to five environmental felonies and five misdemeanors connected with its Rocky Flats plant, which manufactured plutonium triggers for nuclear bombs. Prosecutors were elated; the $18.5 million fine was the largest environmental crimes settlement in history. The grand jury, however, had other ideas. 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. So the grand jury, against the prosecutor's will, drew up its own "indictment" and presented it to the judge.2 Its action has confounded legal scholars: what is the status (or even the correct name) of this document? The consternation this question has caused is a measure of the confusion surrounding grand jury law. Although grand juries had considerable independence and were a major avenue for popular participation in the early Republic, their powers have dwindled. Courts have clouded the issue by periodically reasserting the grand jury's traditional powers, then suppressing them again. The Supreme Court has largely been silent. The number of recent articles praising grand juries points to a revival of interest in this institution. Commentators see the grand jury as an antidote to citizens' alienation from their government. One author urges the recreation of administrative grand juries. Another argues for an expansion of the grand jury's reporting function.4 When she was a state's attorney, Attorney General Reno made a point of using grand juries to investigate social ills in Florida.5 1.