Imagine you were subpoenaed to testify before the grand jury. Or imagine that you were a target of a grand jury investigation. Or imagine that you had been indicted by a grand jury. Now that you are more familiar with what a grand jury does and how it works, ask yourself if anything about the grand jury should be changed.
Proposals to reform the grand jury have been around for a long time, but none have been enacted into law. Nonetheless, what would you do if you had the power to change the way in which the grand jury operates? Please consider some of the following questions as you create a post in response:
• Defense lawyers are not permitted in the grand jury room. Should they be?
• Grand jury witnesses are not told they have a right to remain silent if an honest answer would incriminate them. Should they be?
• Even if a grand jury witness has told the prosecutor they plan on invoking the Fifth Amendment, the prosecutor can still force them to appear. Should prosecutors be allowed to do that?
• Prosecutors can present evidence to the grand jury that they would not be allowed to present at trial, such as hearsay statements or unconstitutionally obtained evidence. Should they be allowed to do that?
• Prosecutors aren’t required to present evidence that would tend to show the target of the investigation isn’t guilty — and remember, no defense lawyer is in the room to present such evidence. Should prosecutors be required to tell the grand jury about such exculpatory evidence?
No copy paste from internet
Should they be?
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