In Re Special March 1980 Grand Jury PDF Download
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Languages : en
Pages : 26
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Category :
Languages : en
Pages : 26
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Category :
Languages : en
Pages : 40
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Category :
Languages : en
Pages : 88
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Author: Congressional Research Service
Publisher: Independently Published
ISBN: 9781794510456
Category : Law
Languages : en
Pages : 54
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Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things. The long-established rule of grand jury secrecy is enshrined in Federal Rule of Criminal Procedure 6(e), which provides that government attorneys and the jurors themselves, among others, ﷿must not disclose a matter occurring before the grand jury.﷿Accordingly, as a general matter, persons and entities external to the grand jury process are precluded from obtaining transcripts of grand jury testimony or other documents or information that would reveal what took place in the proceedings, even if the grand jury has concluded its work and even if the information is sought pursuant to otherwise-valid legal processes. At times, the rule of grand jury secrecy has come into tension with Congress' power of inquiry when an arm of the legislative branch has sought protected materials pursuant to its oversight function. For instance, some courts have determined that the information barrier established in Rule 6(e) extends to congressional inquiries, observing that the Rule contains no reservations for congressional access to grand jury materials that would otherwise remain secret. Nevertheless, the rule of grand jury secrecy is subject to a number of exceptions, both codified and judicially crafted, that permit grand jury information to be disclosed in certain circumstances (usually only with prior judicial authorization). Perhaps the most significant of these for congressional purposes are (1) the exception that allows a court to authorize disclosure of grand jury matters ﷿preliminarily to or in connection with a judicial proceeding,﷿ and (2) the exception, recognized by a few courts, that allows a court to authorize disclosure of grand jury matters in special or exceptional circumstances. In turn, some courts have determined that one or both of these exceptions applies to congressional requests for grand jury materials in the context of impeachment proceedings, though there is authority to the contrary. Additionally, because Rule 6(e) covers only ﷿matters occurring before the grand jury, courts have recognized that documents and information are not independently insulated from disclosure merely because they happen to have been presented to, or considered by, a grand jury. As such, even if Rule 6(e) generally limits congressional access to grand jury information, Congress has a number of tools at its disposal to seek materials connected to a grand jury investigation. Prior Congresses have considered legislation that would have expressly permitted a court to authorize disclosure of grand jury matters to congressional committees on a showing of substantial need. However, in response to such proposals, the executive branch has voiced concerns that the legislation would raise due-process and separation-of-powers issues and potentially undermine the proper functioning of federal grand juries. These concerns may have resulted in Congress declining to alter Rule 6(e). As a result, to the extent Rule 6(e) constrains Congress' ability to conduct oversight, legislation seeking to amend the rules governing grand jury secrecy in a way that would give Congress independent access to grand jury materials may raise additional legal and pragmatic issues for the legislative branch to consider.
Author:
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Category :
Languages : en
Pages : 56
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Author: Paul S. Diamond
Publisher: Juris Publishing, Inc.
ISBN: 1578233593
Category : Grand jury
Languages : en
Pages : 658
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Written by a federal district judge and former prosecutor who represented clients throughout the country in grand jury related litigation, Federal Grand Jury Practice and Procedure is designed to assist judges, prosecutors, and defense counsel through the complexities of federal grand jury practice and procedure. Concise, thorough, and well organized, Federal Grand Jury Practice and Procedure is an indispensable resource for every lawyer practicing criminal law in federal court today. This guide reveals the inner workings of the federal grand jury, providing you with the most definitive guidance available. It contains an extensive practical discussion and analysis of the Justice Department's Federal Grand Jury Practice Manual. In one volume, the entire grand jury process is covered, including: Grand jury's investigative power; Judiciary's supervisory authority over the grand jury; Prosecutorial misconduct before the grand jury; The grand jury's contempt powers; The grand jury's power to punish for perjury and the obstruction of justice; Grand jury administration; Constitutional and common law privileges before the grand jury; Subject-target procedures before the grand jury; Immunity privileges; Grand jury secrecy requirements; and Grand jury practice in all circuits.
Author: Dan K. Webb
Publisher: Law Journal Press
ISBN: 9781588520593
Category : Law
Languages : en
Pages : 1436
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Book Description
A legal treatise that will help you act quickly to address allegations of corporate misconduct and avoid indictment and civil exposure.
Author: Jimmy Gurulé
Publisher: Juris Publishing, Inc.
ISBN: 1578233372
Category : Law
Languages : en
Pages : 914
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Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an analysis of the principal legal issues that federal prosecutors and defense attorneys need to consider in handling long-term, complex criminal conspiracies that frequently involve multiple and diverse criminal acts from the rules relating to grand jury secrecy, granting immunity, bail, criminal discovery, and all points in between. Finally, because organized criminal activity respects no national boundaries, the treatise includes a comprehensive discussion of international criminal law, including extraterritorial jurisdiction and extradition. Criminal trial attorneys involved in litigating complex criminal cases will benefit greatly from reading this treatise.
Author: Sara S. Beale
Publisher:
ISBN:
Category : Grand jury
Languages : en
Pages : 884
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Author:
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Category : Constitutional law
Languages : en
Pages : 1026
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