U.S. Grand Jury Reform

The grand jury at the federal level has had a troubled history. Required by the Constitution as a check on judicial and prosecutorial abuse, it has often been used as a tool of abuse against political dissidents. Most grand juries are mere "rubber stamps" for prosecutors, but others become "runaway" grand juries, taking the lead in investigations of official corruption and abuse.

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  The Grand Jury, George J. Edwards (1906) — Classic treatise on the grand jury, unequalled to this day.

  Let's Revive Private Criminal Prosecutions — by Jon Roland. Calls for use of private prosecutors in cases of public corruption and abuse where public prosecutors unwilling to prosecute.

  Brief on Private Prosecutions — Provides cites for recent cases involving use of private prosecutors. Can be authorized by grand jury returning bill of indictment to petitioner seeking to conduct a private criminal prosecution.

 Fixing the Grand Jury, Jon Roland — Overview of the issues.

 U.S. Grand Jury Standards, Jon Roland — Specification for a grand jury system to comply with original understanding of the U.S. Constitution.

  Opening the Grand Jury, Jon Roland — What you can do to return grand jury practice to what it was intended to be.

  If It's Not a Runaway, It's Not a Real Grand Jury, Roger Roots, Creighton L.R., Vol. 33, No. 4, 1999-2000, 821 — Examines constitutional issues involved in current practices involving grand juries.

 Federal Grand Juries

 State Grand Juries

 Runaway Grand Juries

 Reform Grand Juries

 State Nullification of Federal Action — Proposal for a kind of grand jury to resist federal usurpations.

•  Draft bill proposing amendment to Texas Constitution for establishment of a state grand jury for the review of the constitutionality of the actions of United States government officials and agents, and to authorize state grand juries to investigate public administration.. 2011/09/20.

 Federal Grand Jury — Collection at the U. of Dayton of grand jury materials, published by Susan Brenner and Greg Lockhart. Describes current actual practice, not what constitutional practice would be.

 Federal Grand Jury Handbook

 General Grand Jury Links

 USAM Chapter 9-11.000, Criminal Resource Manual, Grand Jury, U.S. Department of Justice — This manual for U.S. attorneys provides insight into how federal prosecutors use grand juries. See how many constitutional violations it supports.

 Representation of Witnesses Before Federal Grand Juries, by Robert J. Boyle — This 2-volume publication of the Grand Jury Project of the National Lawyers Guild is a primary reference on the subject. Written for lawyers, it is also valuable for laypersons. Available from Clark Boardman Callaghan, 155 Pfingsten Road, Deerfield, IL 60015, 800/323-1336.

  Why Grand Juries Do Not (and Cannot) Protect the Accused — Andrew D. Liepold, Cornell Law Review, Volume 80, Issue 2, January 1995.

  A Grand Façade: How the Grand Jury Was Captured by Government, by W. Thomas Dillard, Stephen R. Johnson, and Timothy Lynch (Cato Policy Study, May 13, 2003).

  Evaluating Grand Jury Reform in Two States: the Case for Reform, by Erin L. Crites, Jon B. Gould, and Colleen E. Shepard (National Association of Criminal Defense lawyers, Center for Justice, Law and Society, November, 2011).

 Federal Grand Jury Reform Report and Bill of Rights — Sponsored by the National Association of Criminal Defense Lawyers. Proposals are too timid but reflect an estimate of how much one group thinks might be attainable in the near term.

  Restoring the Grand Jury, Kevin K. Washburn — Argues for empaneling grand juries on the neighborhood level.

 Sanhedrin — Ancient Jewish antecedent of Anglo-Saxon juries.

Cases

1.  Ferguson Grand Jury

Grand Jury Reform Groups

•  The County Grand Jury — Works to help county grand juries do their duty.
•  Fully Informed Grand Jurors Alliance (FIGJA) — Works to help grand juries do their duty.
•  California Grand Jurors' Association— Mostly composed of former grand jurors, who seek reform of the grand jury system.
•  American Grand Jury Foundation (AGJF) — Encourages responsible and effective interventions by grand jurors and other citizens into local government affairs.
•  J.A.I.L. (Judicial Accountability Initiative Law) for Judges — Seek punitive measures for judicial misconduct.
•  Defend Rural America: Grand Juries — Subsite on this subject.

Grand Jury Discussion Forums

1. Grand_Jury. To [un]subscribe, send message to Grand_Jury-subscribe@yahoogroups.com. — Discussion of grand jury issues. Moderated.
2. grandjury. To [un]subscribe, send message to grandjury-subscribe@googlegroups.com. — Discussion of grand jury issues. Unmoderated.

Misguided efforts

1. Common law grand juries. Self-appointed groups of citizens can privately investigate and report as a citizens committee, but not call themeselves a "grand jury", subpoena witnesses, or issue indictments.
   •  Ippolito indictment, of persons impersonating a grand jury, 3/15/1996.
2. Grand juries are supposed to be the tools of professional prosecutors. This is the position of the opposition.

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