Grand Jury Flashcards
What is the rule from Brady v. Maryland?
Prosecutors have a duty to turn over all exculpatory evidence to the Defendant.
How many people are in a Grand Jury?
23 people, who generally serve up to 18mo (but can serve for up to 24mo, if an extension is granted by the judge).
What are the two functions of the Grand Jury?
(1) Accusatory Function
(2) Investigatory Function
How many people are needed for the Grand Jury to constitute a quorum for the transaction of business?
Sixteen people are needed for a quorum.
How many people are needed to vote in favor of an indictment before one may be returned?
At least twelve.
Can Grand Juries subpoena for evidence?
Yes, Grand Juries can subpoena for tangible evidence (e.g., records, videos, etc.) via subpoena duce tecum and they can compel testimony via subpoena ad testifacandum.
What burden of proof must a Grand Jury satisfy to subpoena for tangible evidence or to compel testimony?
Grand Juries have no burden of proof that must be satisfied.
Can federal courts dismiss an indictment because the prosecutor didn’t produce known exculpatory evidence?
No, because prosecutors have no duty to supply exculpatory evidence to the Grand Jury.
What are the limitations on Grand Juries?
(1) Constitutional Protections (e.g., Grand Juries cannot compel someone to speak who is pleading the Fifth, but prosecutors might coax testimony out in a proffer)
(2) Federal Statutes Requiring Use of a Search Warrant or Other Court Order (e.g., pulling geolocation records off of cell towers).
Are Grand Jury proceedings public?
No, Grand Jury proceedings are secret in accordance with Rule 6(e) of the FRCrP.
How does a Defendant object in a Grand Jury proceeding?
They don’t. There’s no judge in a Grand Jury proceeding and the defendant has no right to present their case.
Does the Defendant have any rights in a Grand Jury proceeding?
The Defendant has a Fifth Amendment Right to Remain Silent, but no Sixth Amendment Right to Counsel, nor Sixth Amendment Confrontation Clause rights.
