Prosecutorial Investigations Using Grand Jury Reports: Due Process and Political Accountability Concerns

Morril, Gregory D., Columbia Journal of Law and Social Problems

"It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past."1

The Fifth Amendment guarantees all federal criminal defendants indictment by grand jury, which is generally thought of as an institution designed to protect individuals from unwarranted prosecution. In many states, however, grand juries have the power to conduct investigations and release public reports accusing individuals of misconduct or criminal activity even if they are not indicted. Because of its …

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Publication information: Article title: Prosecutorial Investigations Using Grand Jury Reports: Due Process and Political Accountability Concerns. Contributors: Morril, Gregory D. - Author. Journal title: Columbia Journal of Law and Social Problems. Volume: 44. Issue: 4 Publication date: Summer 2011. Page number: 483+. © Columbia Journal of Law and Social Problems Winter 2009. Provided by ProQuest LLC. All Rights Reserved.

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