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Response: It might . . . but I
think the judge's instructions (given briefly in their first real, official encounter as grand jurors) are easily
forgotten and overridden by the experiences they have once they get into the grand
jury room.
If they get a handbook for grand jurors, the language in it may tell
them they have some independence, but what happens if a prosecutor doesn't honor
that independence. . .does not, for example, immediately acquiesce in a
grand juror's desire to call a witness or even question a witness? I've had grand
jurors email me telling me that prosecutors would not let them question
witnesses--in most jurisdictions, that is not the prosecutor's call . . . but if the
grand juror does not take the matter to the supervising judge (which is my suggestion),
what happens? The other grand jurors are likely to be intimidated by the
prosecutor and not support the one causing trouble, so that person is likely to
give in. |