Does a defendant have the right to counsel and the right to testify at a grand jury indictment. Can a prosecutor barr his lawyer and refuse the defendants testimony?
Does a defendant have the right to counsel and the right to testify at a grand jury indictment. Can a prosecutor barr his lawyer and refuse the defendants testimony?
"Growing old is mandatory, growing wise is optional"
Originally Posted by CrAzYCrAcKeR911
This is a pretty good link to a site with a wealth of information on grand juries. Check it out and I think you'll have your answers.
http://www.abanet.org/media/faqjury.html
"In the eyes of a speechless animal, there is a wisdom that only the truly wise can understand"
As a practical matter, I can't imagine many prosecutors not taking a free crack at a defendant if he wanted to appear before a grand jury. His lawyer would not be allowed to participate or observe, and he would be pretty much at the mercy of the prosecutor and grand jurors as far as answering questions.
I know of one instance where a defense lawyer brought his client to a grand jury hearing where he knew his client's case was coming up and asked that he be allowed to testify. The prosecutor let him in and proceeded to hammer him so bad that the client ended up giving a complete confession to the grand jurors.
"Man who say it cannot be done should not interrupt man doing it."
Old Chinese Proverb
Here all the grand jury does is decide whether or not there is enough evidence/PC to send it upstairs to the circuit court. This is after a magistrate decided there was enough for an arrest, and a district court judge decided that there was enough to go to the grand jury so it always gets certified. There is no need for a defendant to go because they aren't going to listen to arguements or excuses at that level. All they're deciding is whethere enough there is enough evidence to support going to the circuit court.
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We've not had Grand Juries in England & Wales since 1933.
Crustacean.