Compelling Need for Federal Grand Jury Reform: Now More Than Ever
The purpose of federal grand jury reform is to bring about changes in the institu- tion so that it might again function as most feel it should — as an investigative arm of the government capable of combating crime, but also, simultaneously, a critical protector of citizens’rights. Some, following certain court precedent, may object in the belief that the federal grand jury has never ceased to act as both a sword and shield. Some federal prosecutors may perceive such reforms as a threat to their ability to obtain indictments. But maintaining the status quo ignores the funda- mental principles that are at the heart of our justice system in America. Despite the increasingly compelling need for reform, the federal grand jury has remained largely unchanged. Two decades ago, at the urging of the American Bar Association and many others, Congress actively considered similar reform proposals. Numerous bills were introduced, detailed studies performed, and a mul- titude of testimony presented. 27 Yet few changes resulted. Changes that did result — the recording of grand jury proceedings and issuance of prosecutorial guide- lines — although helpful, have proved over the course of the intervening years to have very little impact on the core concerns that fueled the calls for modest reforms. In the intervening decades, the number of federal prosecutors has explod- ed while effective controls against federal grand jury abuses have dwindled. The result has been an increase in prosecutorial excesses that has resulted in witness abuse and indictments that should never have been brought — destroying the lives, careers and businesses of innocent Americans. The need for federal grand jury reform, to safeguard the citizenry against such excess, has only gotten greater. The federal grand jury is back in the spotlight. One can hardly open a newspaper or turn on the radio or television without hearing criticism or concerns about unfairness to citizens exposed to the grand jury process. 28 Americans are troubled as their fellow citizens increasingly relate grueling and costly experiences as they emerge from testifying before a federal grand jury. Rather than repeat the mistakes of the past, we need to learn from them. At the very least, if the case was not made in the 1970s for some basic federal grand jury reforms, we submit that recent experience has made the case for reform today. The modest measures recommended in this Report will help return the institution of the federal grand jury to its rightful place within our justice system — as a viable means for helping to ferret out criminal activity while also ensuring fair- ness to all individuals and businesses who come within its focus. N
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