University of Pennsylvania Law Review · 1981 · 36 citations · 0 references
LawCriminal LawJurisprudenceCriminal ProcedureJudicial ReviewPretrial ProcedureCriminal ProsecutionsGrand Jury ProceedingsJury Decision-makingJury TrialTrial PracticeTrial ProcedureGrand Jury AccountabilityGrand Jury ProcedureGrand Jury RightsGrand Jury TestimonyGrand Jury Witness RightsPerjury Before The Grand Jury
Most experienced prosecutors would reject as nonsense the notion that they could indict anybody at any time for anything before any grand jury. They would, however, probably concede that their marksmanship improves when is sought. That is the subject of this Article: the deliberate use of the grand jury to secure perjured testimony, a practice dubbed by some courts the perjury trap. The subject demands careful analysis. It is the aim of the present Article, first, to explore the boundaries of legitimate grand jury interrogation as it bears on the subject of and, second, to formulate guidelines that strike a balance between the needs of the investigatory process and the rights of witnesses.