DOCSLIB.ORG

Grand Juries

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Grand Juries Secret Justice: Grand juries The grand jury system will always be shrouded in secrecy, but in many cases, information from grand juries can be obtained by reporters — at least after the investigation or subsequent trial is over. Yet reporters should also know that prosecutors and judges take leaks from grand juries — like those in recent cases involving Justin Barber in Florida and Providence, R.I., mayor Vincent “Buddy” Cianci — very seriously, Fall 2004 and will often go after reporters The Reporters Committee who reveal information obtained For Freedom of the Press through those leaks. Secret Justice: A continuing series Access to grand jury The American judicial system has, historically, been open to the public, information and material and the U.S. Supreme Court has con- tinually affirmed the presumption of openness. However, as technology ex- They meet in “a virtual bunker,” The What is a grand jury? pands and as the perceived threat of Grand juries are summoned to evaluate violence grows, individual courts Washington Post recently reported. Special attempt to keep control over proceed- elevator keys and closed-to-the-public pas- a prosecutor’s evidence and decide whether ings by limiting the flow of information. sageways help shuttle them swiftly and se- it supports indicting, or formally charging, Courts are reluctant to allow media ac- cretly to their meeting place, sealed off someone accused of a crime. They are al- cess to certain cases or to certain pro- from the rest of the building. ways used in federal criminal investiga- ceedings, like jury selection. Courts A meeting of top presidential advisers? tions, and in criminal prosecutions by many routinely impose gag orders to limit No — a gathering of grand jurors in U.S. states, such as New York. A grand jury may public discussion about pending cases, District Court in Alexandria, Va. have other functions as well; in California, presuming that there is no better way to The super-secret proceedings, in a fed- for example, it often acts as a “watchdog” ensure a fair trial. Many judges fear that eral courthouse where several high-profile that secretly investigates and then publicly having cameras in courtrooms will some- reports on local government affairs. how interfere with the decorum and cases have been tried in the past year, illus- solemnity of judicial proceedings. Such trate to critics how excessive secrecy hin- According to the American Bar Associ- steps, purportedly taken to ensure fair- ders journalists — and ultimately the public ation, grand juries are so named because of ness, may actually harm the integrity of — from effectively monitoring courts. the relatively large number of jurors im- a trial because court secrecy and limits While Alexandria might be a more ex- paneled — up to 23 — as opposed to a petit on information are contrary to the fun- treme example, it is a sign of secrecy sur- jury or trial jury, which usually has only six damental constitutional guarantee of a rounding grand juries nationwide. or 12 members. The U.S. Court of Appeals public trial. California prosecutors, concerned about in Washington, D.C., in 1998 described a The public should be the beneficiary protecting grand jurors’ privacy in Michael federal grand jury this way: of the judicial system. Criminal pro- Jackson’s case on alleged child molestation “Grand juries summon witnesses and ceedings are instituted in the name of documents with subpoenas. Witnesses, in- “the people” for the benefit of the pub- charges, moved jurors from the main court- lic. Civil proceedings are available for house to a secret location, sending the press cluding custodians of documents, report on members of the public to obtain justice, scrambling across Santa Barbara County the scheduled date not to a courtroom, but either individually or on behalf of a and giving “a whole new meaning to the to a hallway outside the room where the “class” of persons similarly situated. The term ‘runaway jury,’” quipped Boston me- grand jury is sitting. The witness must public, therefore, should be informed dia lawyer Jeffrey Pyle of Prince Lobel enter the grand jury room alone, without — well informed — about trials of pub- Glovsky & Tye. his or her lawyer. No judge presides and lic interest. The media, as the public’s Although the First Amendment allows none is present. Inside the grand jury representative, needs to be aware of grand jury witnesses — if one can reach room are sixteen to twenty-three grand threats to openness in court proceed- them — to talk to the media about their jurors, one or more prosecuting attorneys, ings, and must be prepared to fight to and a court reporter. The witness is ensure continued access to trials. testimony, recent court decisions restrict In this series, the Reporters Com- the scope of what they can disclose under sworn, and questioning commences, all to mittee takes a look at key aspects of state law. In September, a California ap- the end of determining whether ‘there is court secrecy and how they affect the peals court upheld a warning to witnesses adequate basis for bringing a criminal newsgathering process. We will exam- not to divulge anything they learn as a charge.’” (Internal citations omitted.) (In re ine trends toward court secrecy, and result of testifying before a grand jury. A Dow Jones & Co., Inc.) what can be done to challenge it. federal appeals court validated a similar Grand jury proceedings have been held The previous installments of this “Se- secrecy rule in Colorado last year. in secret since the 1600s. The secrecy rule, cret Justice” series concerned anony- Reporters are often stymied in their at- adopted from England, has become an in- mous juries (Fall 2000), gag orders on tempts to obtain grand jury records as well. tegral — some say essential — part of the trial participants (Spring 2001), access American criminal justice system. There is to alternative dispute resolution proce- Long after a grand jury has finished its dures (Fall 2001), access to terrorism work, courts may still keep transcripts of no First Amendment right of public access proceedings (Winter 2002), secret dock- the proceedings under wraps because in the to grand jury proceedings. Participants, ets (Summer 2003), and judicial speech court’s view, the interest in secrecy out- except witnesses, are forbidden from dis- (Spring 2004). weighs the public’s right to know. closing matters related to the grand jury, This report examines the law governing even after the grand jury’s activities have This report was researched and written journalists’ access to grand jury transcripts, concluded. by Kimberley Keyes, who is the 2004-2005 witnesses and ancillary proceedings. It also The U.S. Supreme Court in 1979 iden- McCormick-Tribune Legal Fellow at the explores how much reporters can reveal tified several reasons for maintaining such Reporters Committee. about their own testimony before a grand secrecy. First, without the assurance of con- jury. fidentiality, many prospective witnesses PAGE 2 THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS FALL 2004 AP PHOTOS Reporters and news organizations have been met with contempt charges related to grand jury information in the investigation of Providence, R.I., mayor Vincent “Buddy” Cianci , left, and similar charges have been threatened in the case of Justin Barber, center, accused of killing his wife. The media unsuccessfully sought access to grand jury transcripts in the case of record producer Phil Spector, right. would hesitate to come forward willingly, And in Florida, a trial judge threatened sure of grand jury materials. In states like knowing that the people against whom they a news organization with criminal penalties Florida, where courts are covered by the testify would find out about it; second, if it published information from grand jury state open records law, journalists may re- those who did come forward would be less transcripts in the case of Justin Barber, who quest a copy of the transcripts if they were likely to testify “fully and frankly” because is accused of killing his wife. First Coast released to the defense during discovery, they would be vulnerable to retribution and News, a Gannett television network of ABC Lake said. inducements; third, people about to be in- and NBC affiliates, obtained the transcripts Alternatively, the press may simply ask dicted might flee, or try to influence indi- from the state prosecutor’s office, which to be heard without formally intervening. vidual grand jurors to vote against had released them voluntarily as public Los Angeles Times attorney Susan Seager of indictment; and finally, it protects Davis Wright Tremaine recently those who are accused, but not in- tried to oppose the sealing of grand dicted, from public scorn. (Douglas jury transcripts in the murder case Oil v. Petrol Stops Northwest) Although the First Amendment allows grand against music producer Phil Spec- Courts take apparent — and not- jury witnesses — if one can reach them — to tor, but was silenced by the judge so-apparent — violations of the talk to the media about their testimony, recent who said she had no standing — a grand jury secrecy rule seriously. In court decisions restrict the scope of what they position Seager disputes. Providence, R.I., WJAR television can disclose under state law. “It’s very clear under California reporter James Taricani was being law, and I would argue under the fined $1,000 a day in October for First Amendment in any court, that refusing to reveal who leaked him the press has standing to ask for an incriminating video surveillance grand jury [transcripts] to be un- tape used in the grand jury “Plun- sealed once they become court derdome” investigation of former Provi- records. As of late October, a Florida ap- records,” Seager said.
Load more

Recommended publications
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • Bail Reform and Speedy Trial Act
    Bail Reform and Speedy Trial Act • Substantial change to existing law that impacts pretrial incarceration decisions and the manner in which certain cases will be processed through the Court system. – Constitutional Amendment allowing Defendant’s to be held without bail (passed by referendum in 2014) – Statutory changes impacting the manner in which pretrial incarceration decisions are made, and how a criminal case is processed for incarcerated offenders • These changes have already been passed by the Legislature and signed into law by the Governor. The effective date of the law, statewide, is January 1, 2017. • We are a pilot county. (Other pilot programs in Morris, Passaic, and Camden). Anticipated effective date of changes for Sussex County is May of 2016. Current Processing of a Criminal Case ARREST/CHARGE SUMMONS WARRANT Central Judicial 1st Appearance/Bail AP not Processing Review (within 72 AP is present Hours) present Plea Hearing Case Resolved Early Case Not Resolved Grand Jury Disposition Presentation Conference Sentencing Arraignment Conference Status Conference Pre-Trial Conference Trial Aspects of Existing System That Will Change • Under the current system, the SCPO is not required, and does not, have an AP present at CJP Court. − CJP Court currently sits 1 day per week and is in session for about 4 hours • Under the current system, for defendants remanded to the jail on a warrant, no weekend appearance is necessary. − This is so because the first appearance/bail review does not need to take place for 72 hours. − Therefore, for a defendant arrested on a Friday, we can legally wait until Monday for the first appearance/bail review Aspects of Existing System That Will Change (Continued) • Under the current system, there are no lengthy testimonial hearings prior to the EDC conference.
    [Show full text]
  • Grand Jury Refonn: a Review of Key Issues
    If you have issues viewing or accessing this file contact us at NCJRS.gov. U.S. Department of JU5ti,ce •• National Institute of Justice ny Office of Det:eiopmellt, Testillg ami Dissemillatioll lIN II .W , . Grand Jury Refonn: A Review of Key Issues A publication of the National Institute of Justice About the National Institute of Justice Grand Jury Reform: The National Institute of Justice is a research branch of the U.S. Department of Justice. The Institute's A Review of Key Issues mission is to develop knowledge about crime. its causes and control. Priority is given to policy-relevant research that can yield approaches and information State and local agencies can use in preventing and reducing crime. Established in 1979 by the Justice System Improvement Act. :'-JIJ builds upon the foundation laid by the former National Institute of Law Enforcement and Criminal Justice. the first major Federal U.S. Department of Justice 87645 research program on crime and justice. Nat/anal Institute of JUstice Carrying out the mandate assigned by Congress. the National Institute of Justice: This document has been re r d person or orgamzdhon ongln~lI~g~~e~ exact:y as received from the In this document are those of th olnts 0 view or Gil,mons stated • Sponsors research and development to improve and strengthen the criminal justice system and related represent the official POSlllon or pe ,authors and do not necessanly civil justice aspects. with a balanced program of basic and applied research. Jusllce olcles 0 f the National Institute of Permission to reproduce this • Evaluates the effectiveness of federally funded justice improvement programs and identifies programs granted by ~ed matenat has been that promise to be successful if continued or repeated.
    [Show full text]
  • Grand-Jury-Presentations-In-Fatal
    State of New Jersey PHILIP D. MURPHY OFFICE OF THE ATTORNEY GENERAL GURBIR S. GREWAL Governor Attorney General DEPARTMENT OF LAW AND PUBLIC SAFETY OFFICE OF PUBLIC INTEGRITY AND ACCOUNTABILITY SHEILA Y. OLIVER THOMAS J. EICHER 25 MARKET STREET Lt. Governor Executive Director PO BOX 085 TRENTON, NJ 08625-0085 OFFICE OF PUBLIC INTEGRITY AND ACCOUNTABILITY (OPIA) STANDARD OPERATING PROCEDURES TO: Prosecutors and investigators handling fatal police encounter investigations FROM: Thomas J. Eicher, OPIA Executive Director DATE: July 13, 2021 SUBJECT: Grand Jury Presentations in Fatal Police Encounter Investigations At the direction of Attorney General Gurbir S. Grewal, the Office of Public Integrity and Accountability (“OPIA”) is establishing these standard operating procedures (“SOP”) for grand jury presentations of investigations involving fatal police encounters. Introduction In December 2019, Attorney General Grewal issued Attorney General Law Enforcement Directive 2019-4, also known as the “Independent Prosecutor Directive,”1 which established a mandatory ten-step process for conducting independent criminal investigations in cases involving fatal police encounters. These SOP cover the preparation and presentation of matters to the grand jury, encompassed in Steps 6 through 10 of the Independent Prosecutor Directive, after the investigative process has been completed. In particular, Step 8 of the Directive addressed the presentation of evidence to a grand jury. Step 8 distinguished between two categories of cases: those where the prosecutor is required to present the matter to the grand jury, and those where the prosecutor is subject to a presumption in favor of presenting to the grand jury, but may decline to do so in certain limited situations.
    [Show full text]