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Article: The grand jury legal advisor: resurrecting the grand jury's shield.
- Article from:
- Journal of Criminal Law and Criminology
- Article date:
- June 22, 2008
- Author:
CopyrightCOPYRIGHT 2008 Northwestern University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
In our American criminal legal system, the model grand jury is one that exercises independent judgment while serving as both an accusatory and investigatory body. When in the latter role, commonly referred to as the "sword," the grand jury uncovers wrongdoing and criminal misconduct through its sweeping investigatory powers that include the right to issue subpoenas. (1) This investigatory power is primarily strengthened by three factors. First, most observers are barred from grand jury sessions, which are shrouded in secrecy. (2) Second, as the grand jury is entitled to "every man's evidence," there are no real limits, outside of privileges, to ...