LAW 3840
Criminal Law and Procedure
Dr. Edmonds
Study Guide, The Grand Jury
Grand Jury has the power to begin a criminal prosecution upon a
finding of probable cause just as a judge or magistrate can when
presented with a complaint asking for an arrest and prosecution.
The Grand Jury does so by issuing an indictment.
Because the Grand Jury may call witnesses and conduct an
investigation in the process of determining whether to indict, it has
developed into a powerful investigative tool.
Witnesses must respond to subpoena.
Witnesses must answer or invoke the 5th amendment
Witnesses may be given immunity from prosecution
Use immunity
Transactional immunity
Witnesses do not have a right to counsel in the room during
questioning, or to represent them in process except to advise.
Proceedings are secret, and sanctions for disclosing existence and
proceedings are swift and serious