A special grand jury impaneled under Title 18 U.S.C. Thus, it has been said that a grand jury has but two functions-to indict or, in the alternative, to return a 'no-bill.' See Wright, Federal Practice and Procedure, Criminal Section 110.Īt common law, a grand jury enjoyed a certain power to issue reports alleging non-criminal misconduct. While grand juries are sometimes described as performing accusatory and investigatory functions, the grand jury's principal function is to determine whether or not there is probable cause to believe that one or more persons committed a certain Federal offense within the venue of the district court. In discharging these responsibilities, the prosecutor must be scrupulously fair to all witnesses and must do nothing to inflame or otherwise improperly influence the grand jurors.ĩ-11.101 - Powers and Limitations of Grand Juries-The Functions of a Grand Jury The prosecutor's responsibility is to advise the grand jury on the law and to present evidence for its consideration. The prosecutor must recognize that the grand jury is an independent body, whose functions include not only the investigation of crime and the initiation of criminal prosecution but also the protection of the citizenry from unfounded criminal charges. In dealing with the grand jury, the prosecutor must always conduct himself or herself as an officer of the court whose function is to ensure that justice is done and that guilt shall not escape nor innocence suffer. This chapter contains the Department's policy on grand jury practice. Use of Asset Forfeiture in Connection with Structuring Offenses Rule 6(e)(3)(E)(iv) Disclosure of Grand Jury Material to State and Local Law Enforcement OfficialsĬonsultation With the Criminal Division About Reports Under 18 U.S.C. Prior Department of Justice Approval Requirements-Grand Jury Subpoenas to Lawyers and Members of the News Media Guidelines for Handling Documents Obtained by the Grand Jury

Non-Department of Justice Government Attorneysĭisclosure of matters occurring before the grand jury to Department of Justice attorneys and Assistant United States Attorneys Use of Hearsay in a Grand Jury Proceedingĭepartment of Justice Attorneys Authorized to Conduct Grand Jury Proceedings Motions to Dismiss Due to Illegally Obtained Evidence Before a Grand Jury Limitation on Resubpoenaing Contumacious Witnesses Before Successive Grand Juries Notification to Targets when Target Status Ends Requests by Subjects and Targets to Testify Before the Grand JuryĪdvance Assertions of an Intention to Claim the Fifth Amendment Privilege Against Compulsory Self-Incrimination Grand Jury Subpoenas for Financial RecordsĪdvice of 'Rights' of Grand Jury Witnesses Limitation on Naming Persons as Unindicted Co-Conspiratorsįair Credit Reporting Act and Grand Jury Subpoenas Power of a Grand Jury Limited by Its Function Powers and Limitations of Grand Juries-The Functions of a Grand Jury

Gta 9/11 2016