Grand Jury Reforms
The National Association of Criminal Defense Lawyers, along with the Commission to reform the Federal Grand Jury, proposes the following reforms that hopefully might make the Grand Jury process more just:
- A grand jury witness who does not have immunity shall be accompanied by his lawyer.
- A prosecutor shall not knowingly fail to disclose to the grand jury information that exculpates the defendant.
- Prosecutor shall not present constitutionally inadmissible evidence to the grand jury.
- A target or subject of a grand jury shall be given the opportunity to testify before a grand jury.
- A witness should have the right to receive a transcript of his/her grand jury testimony.
- The grand jury shall not name an person as an unindicted co conspirator in an indictment.
- Subjects or targets called before the grand jury who do not have immunity shall be given a Miranda
- Subpoenas for grand jury witnesses shall be issues at least 72 hours before the date of appearance.
- Grand jurors shall be given instruction for the record regarding their duties as grand jurors and the power they hold.
- A prosecutor shall not call before the grand jury a subject or target who has invoked the constitutional privilege against self incrimination.
