The grand jury is no longer successful or a trustworthy filter of over ambitious prosecutors against abuse of the innocent. Instead of doing a great service for society, dispassionate or disinterested jury members too frequently "rubber stamp," the request of holier-than-thou U.S. Attorneys pretending to be doing a righteous work.
The Department of Justice has become a threat to our Democracy. No longer does it represent truth and justice. Today, the Department of Justice and its army of bullies; inferiority complex burdened second rate attorneys, who have become synonymous with carrying out mob-like political vendettas, political targeting, and punishing those who are feared by institutions of power.
"The institution of the grand jury is a body with a long history, going back to our common law legal roots in England. The grand jury is the "portal of entry" into Superior Court. Having a neutral, independent group of citizens "filter" cases the government seeks to bring to court helps prevent oppression and abuse of process by those in power."
[http://www.sog.unc.edu/sites/www.sog.unc.edu/files/Caldwell_GrandJuryIssues.pdf]
If that body of citizens are supposed to prevent oppression and abuse by those in power, why do so many just "play along" by rubber stamping virtually everything that is presented to them? There is a growing concern in the legal community that juries are a grievous failure; letting far too many prosecutorial witch hunts go on unchecked.
We are failing society by approving indictments without understanding the other side of the story, or understanding the complexities and nuances of the underlying facts, or simply agreeing with the prosecutor because of boredom or the need to be somewhere else. This is a grave injustice.
According to the American Bar Association (ABA), the grand jury has come under increasing criticism for being a mere "rubber stamp" for the prosecution without adequate procedural safeguards. Critics argue that the grand jury has largely lost its historic role as an independent bulwark protecting citizens from unfounded accusations by the government.
[http://grandjuryresistance.org/reformlinks.html]
Where a group of twelve to eighteen citizens once represented "We the People," and protected the people from the overreach and oppression that caused many to flee England, today it is a mere annoyance to an overzealous prosecutor lusting for the figurative blood of his or her next victim.
"Grand juries provide little protection to accused suspects and are much more useful to prosecutors. Grand juries have such broad subpoena power that they can investigate alleged crimes very thoroughly and often assist the prosecutor in his job. Grand juries sometimes compel witnesses to testify without the presence of their attorneys. Evidence uncovered during the grand jury investigation can be used by the prosecutor in a later trial. Grand jurors also often lack the ability and knowledge to judge sophisticated cases and complicated federal laws. This puts them at the mercy of very well trained and experienced federal prosecutors. Grand jurors often hear only the prosecutor's side of the case and are usually persuaded by them. Grand juries almost always indict people on the prosecutor's recommendation."
[http://www.revolutionary-war-and-beyond.com/grand-jury-clause.html]
This is a travesty; it is wrong, and those called to serve on a jury should shake off the feelings of awe, or intimidation, and understand they are viewed by the prosecution as tools of manipulation. That should trigger a fundamental seismic shift in the juror's thinking.
When called upon to serve, the respective individuals should understand the prosecutor expects to be able to manipulate them through what appears to be compelling evidence or dramatic speeches. Grand juries should and must resist the well-crafted emotional persuasions of the prosecutor.
A member should critically ask, "What is really going on here?" "What is the true motive behind this grand jury?" "Am I being manipulated?" "Why are we not permitted to hear the other side of the story?" "What is the prosecutor hiding from us?" "What don't we know that could destroy an innocent person's life if we were to incorrectly vote to indict?"
Those and other questions are not only necessary to prevent governmental overreach or misconduct, but are equally vital to protecting the integrity of our Republic and the safety of its citizens from prosecutorial abuse.
It is said that a good prosecutor could secure an indictment against a "ham sandwich." That commonly used phrase is an insult to the intelligence of the respective jury members; but grand juries are vulnerable to criticism for not exerting their intellect and sense of caution.
It also reveals the indifference of most grand juries. Further, it also shows that members of the grand jury could find themselves in the same predicament; or family, friends, clergy, and virtually anyone else.
A chief judge of New York State's highest court, Sol Wachtler, once said that grand juries were so pliable that a prosecutor could get a grand jury to "indict a ham sandwich."
[http://www.nysun.com/editorials/zimmermans-bill-of-rights/87790]
Former federal district judge, William J. Campbell, observed that, "today, the grand jury is the total captive of the prosecutor who, if he is candid, will concede that he can indict anybody, at any time, for almost anything, before any grand jury."
Take a moment to consider what that sad reality means to you and your family should you find yourself the focus of a grand jury investigation. If it does not strike fear into an individual, at least on behalf of those they love, it should.
Should you be called to serve on a grand jury, there are few things you should presume.
First, you are being manipulated by a prosecutor; perhaps for reasons that go far beyond what he or she wants you to believe.
Second, the prosecutor expects you to "play along." He or she usually gets their way, and they will become very angry, animated, and dramatic to intimidate you into conceding.
Finally, with all of the political targeting, eves dropping on U.S. citizens and general government run amok, it would be wise to exercise the powers that are rightfully yours by rejecting the government's urging. If a crime truly has been committed, things have a way or eventually working out and resolving themselves, especially in the case of allegations involving business or money.
Do not let yourself be intimidated, manipulated, or seduced. Think about the gravity and consequence of what you might do to an innocent person.
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