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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.

Does the defense get to refute the prosecutor’s evidence?

At the Grand Jury proceedings does the defense have an opportunity to refute any of the evidence that the prosecutor presents to the grand jury?

Response: In federal grand jury proceedings and in most state grand jury proceedings, there is no "defense." The target of the investigation is not allowed to have a lawyer when he/she appears before the grand jury, and the target cannot insist that the grand jury hear exculpatory evidence (e.g., evidence establishing his/her innocence). In some states, grand juries can/must hear exculpatory evidence. If you check the state section of the web site, you'll find some information on that issue, and on the availability of an attorney for grand jury witnesses and targets.

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