House Judiciary Committee Chairman Henry Hyde (R-IL) recent- ly noted that the federal grand jury, originally established by the Founding Fathers as a means of protecting American citizens against government excess, is today a captive of federal prose- cutors. The prosecutor exercises enormous power, unrestrained by law or judicial supervision. The grand jury process itself is largely devoid of legal rules. The process has become one that wholly fails to protect ordinary American citizens. The balance has shifted so dramatically in favor of the prosecution that it has been noted, time and again, that “A good prosecutor could get a grand jury to indict a ham sandwich.” The Commission to Reform the Federal Grand Jury, which com- prises individuals of unsurpassed breadth and expertise in the criminal justice system, has worked intensely over the past two years to examine whether reforms of the federal grand jury sys- tem are required. Our findings suggest that fundamental changes are required to restore balance and equity between individual cit- izens and their government. The proposed changes are all rea- sonable. In response to demonstrated abuses, several key states, New York and Massachusetts among them, already have success- fully instituted many of these well-considered proposals into their grand jury systems. We call upon Congress to do the same at the federal level, and alter the dangerous prosecutorial rubber stamp that constitutes today’s federal grand jury. It is the hope of this Commission that Congress will use this document to take the first steps toward ameliorating this problem and restoring justice to America’s heralded criminal justice system.
Co-Chairs of the Commission
Fredrick Hafetz
Gerald B. Lefcourt
Frank Wohl
William L. Murphy
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