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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.


Choosing a grand jury:

Who selected the members of the grand jury that is hearing the evidence being presented by Kenneth Starr? Did Starr himself play any role in their selection?

Response: The grand jury is selected and impaneled by a judge; in each federal district, there is usually a federal judge who is in charge of doing this. Prosecutors have some limited access to the process and could, if they had good reason, argue against seating someone as a grand juror. I doubt Kenneth Starr involved himself in this process, since grand juries are usually far more tractable than trial juries (which is where lawyers really make challenges).

Does the grand jury indict by unanimous vote? A mere plurality? Or something in between?

Response: In the federal system, it takes 12 grand jurors (out of the 16-23 that compose the grand jury) to indict.

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