Download or read book Federal Grand Jury Secrecy Legal Principles and Implications for Congressional Oversight written by Congressional Research Service and published by Independently Published. This book was released on 2019-01-21 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things. The long-established rule of grand jury secrecy is enshrined in Federal Rule of Criminal Procedure 6(e), which provides that government attorneys and the jurors themselves, among others, ﷿must not disclose a matter occurring before the grand jury.﷿Accordingly, as a general matter, persons and entities external to the grand jury process are precluded from obtaining transcripts of grand jury testimony or other documents or information that would reveal what took place in the proceedings, even if the grand jury has concluded its work and even if the information is sought pursuant to otherwise-valid legal processes. At times, the rule of grand jury secrecy has come into tension with Congress' power of inquiry when an arm of the legislative branch has sought protected materials pursuant to its oversight function. For instance, some courts have determined that the information barrier established in Rule 6(e) extends to congressional inquiries, observing that the Rule contains no reservations for congressional access to grand jury materials that would otherwise remain secret. Nevertheless, the rule of grand jury secrecy is subject to a number of exceptions, both codified and judicially crafted, that permit grand jury information to be disclosed in certain circumstances (usually only with prior judicial authorization). Perhaps the most significant of these for congressional purposes are (1) the exception that allows a court to authorize disclosure of grand jury matters ﷿preliminarily to or in connection with a judicial proceeding,﷿ and (2) the exception, recognized by a few courts, that allows a court to authorize disclosure of grand jury matters in special or exceptional circumstances. In turn, some courts have determined that one or both of these exceptions applies to congressional requests for grand jury materials in the context of impeachment proceedings, though there is authority to the contrary. Additionally, because Rule 6(e) covers only ﷿matters occurring before the grand jury, courts have recognized that documents and information are not independently insulated from disclosure merely because they happen to have been presented to, or considered by, a grand jury. As such, even if Rule 6(e) generally limits congressional access to grand jury information, Congress has a number of tools at its disposal to seek materials connected to a grand jury investigation. Prior Congresses have considered legislation that would have expressly permitted a court to authorize disclosure of grand jury matters to congressional committees on a showing of substantial need. However, in response to such proposals, the executive branch has voiced concerns that the legislation would raise due-process and separation-of-powers issues and potentially undermine the proper functioning of federal grand juries. These concerns may have resulted in Congress declining to alter Rule 6(e). As a result, to the extent Rule 6(e) constrains Congress' ability to conduct oversight, legislation seeking to amend the rules governing grand jury secrecy in a way that would give Congress independent access to grand jury materials may raise additional legal and pragmatic issues for the legislative branch to consider.
Download or read book Grand Jury Disclosure written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1986 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Federal Grand Jury written by Lyn Farrel and published by Nova Publishers. This book was released on 2002 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent debate over civil trials or military tribunals for suspected terrorists has focused public attention on the American court system. A cornerstone aspect to the federal courts is the grand jury, which investigates crimes against the United States and secures the constitutional right of grand jury indictment, two responsibilities needing broad powers. A US District Court summons a grand jury, so the jury's jurisdiction is geographically restricted by the court to which it is attached. The grand jury conducts its business in secret, but that independence does not often result in the dismissal of indictments. Although witnesses subpoenaed to appear before the grand jury are not often excused, they do benefit from several legal rights when testifying. This book presents a broad overview of the rules and background of the federal grand jury, a needed service for anyone wishing to understand the American system of justice and its potential use in the war on terror.
Download or read book Investigative Oversight written by Morton Rosenberg and published by . This book was released on 1995 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report will provide an overview of some of the more common legal, procedural and practical issues, questions, and problems that committees have faced in the course of an investigation. Following a summary of the case law developing the scope and limitations of the power of inquiry, the essential tools of investigative oversight--subpoenas, staff interviews and depositions, grants of immunity, and the contempt power -- are described. Next, some of the special problems of investigating the executive are detailed, with particular emphasis on claims of presidential executive privilege, the problems raised by attempts to access information with respect to open or closed civil or criminal investigative matters, or to obtain information that is part of the agency deliberative process, and the effect on congressional access of statutory prohibitions on public disclosure. The discussion then focuses on various procedural and legal requirements that accompany the preparation for, and conduct of, an investigative hearing, including matters concerning jurisdiction, particular rules and requirements for the conduct of such proceedings, and the nature, applicability and scope of certain constitutional and common law testimonial privileges that may be claimed by witnesses. The case law and practice respecting the rights of minority party members during the investigative process is also reviewed. The report concludes with a description of the roles played by the offices of House General Counsel and Senate Legal Counsel in such investigations.
Download or read book Constitutional Rights and the Grand Jury written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2000 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Football and Sexual Crime from the Courtroom to the Newsroom written by Deb Waterhouse-Watson and published by Springer Nature. This book was released on 2020-01-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book interrogates the process of court reporting on rape and other sexual crime cases involving Australian footballers. At the intersection of sport, gender, media and the law, it uncovers the story behind rape myths and stereotypes in media. This book analyses newspaper reporting alongside transcripts of the trials they represent and interviews with the journalists themselves. Waterhouse-Watson’s work maps structural factors within newsrooms, and the complex relationship between the judiciary and media, that affect the practice of court reporting. This book approaches key journalism concepts like objectivity and balance critically, illustrating the layers of mediation that surround a complainant’s testimony; the way sport shapes the meaning of courtroom and media narratives in these cases; and the tension between racism and sexism when race is thematised or otherwise highlighted. Ultimately, the book proposes an ethics of court reporting that protects individual complainants, as well as advancing public understandings of the crime.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Overview of the Privacy Act of 1974 written by United States. Department of Justice. Privacy and Civil Liberties Office and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Oversight of the Federal Death Penalty written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and published by . This book was released on 2009 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The War On Our Freedoms written by Richard C. Leone and published by Public Affairs. This book was released on 2003-06-19 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the consequences of the war on terrorism through the loss of civil liberties in the name of homeland security.
Download or read book Federal Grand Jury Practice Manual written by and published by . This book was released on 1983 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antiterrorism and Effective Death Penalty Act of 1996 written by DIANE Publishing Company and published by DIANE Publishing. This book was released on 1998-04 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil RICO 18 U S C 1961 1968 written by Frank M. Marine and published by . This book was released on 2007 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative Oversight of Intelligence Activities written by and published by . This book was released on 1994 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to some depository libraries in microfiche.
