Misuse of Grand Jury

Misuse of the Grand Jury occurs when a prosecutor exploits the grand jury process for purposes other than determining probable cause. This includes using the grand jury to harass targets, gather discovery for trial preparation, intimidate witnesses, or manipulate proceedings through false, misleading, or incomplete presentations of evidence. Such conduct undermines the independence of the grand jury and violates constitutional safeguards.

Scope:

  • Improper Investigative Tool: Using the grand jury solely to strengthen a case already set for trial, rather than to investigate legitimate new charges.

  • Witness Intimidation: Calling witnesses to exert pressure, influence testimony, or discourage cooperation with the defense.

  • False or Misleading Evidence: Presenting inaccurate, one-sided, or incomplete information to secure an indictment.

  • Harassment of Targets: Repeatedly subpoenaing or interrogating individuals without legitimate prosecutorial purpose.

  • Failure to Present Exculpatory Evidence (in jurisdictions where required): Withholding evidence that would negate probable cause.

Examples:

  • Subpoenaing defense witnesses through the grand jury to lock in testimony for trial cross-examination.

  • Presenting inflammatory or irrelevant evidence to bias the grand jury.

  • Using the grand jury to investigate conduct already adjudicated or dismissed.

  • Issuing burdensome subpoenas to intimidate community activists or political opponents.

Related Standards:

  • United States v. Williams, 504 U.S. 36 (1992): While prosecutors are not constitutionally required to present exculpatory evidence, ethical obligations may still apply.

  • Costello v. United States, 350 U.S. 359 (1956): Grand jury proceedings must be grounded in legitimate prosecutorial function.

  • ABA Standards for Criminal Justice: Prosecution Function (Standard 3-4.6): Prosecutors must not misuse the grand jury to achieve improper ends.

  • ABA Model Rule 3.8: Mandates fairness and prohibits abuse of prosecutorial power.

Consequences:
Misuse of the grand jury can result in dismissal of indictments, suppression of evidence, professional discipline, civil liability, and lasting damage to the credibility of the prosecutor’s office.