Are Grand Juries Unconstitutional?
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Are Grand Juries Unconstitutional?
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From what I understand, once you are subpoenaed as a witness and you go to the grand jury hearing, a secret Draconian court, essentially, you do not have the right of association, your 5th amendment right is suspended, your attorney is not present. The jury can listen to hearsay and other things not usually allowed at a "petit" jury. And you can be held for up to 18 months without being charged (for what exactly I'm not sure). I'm not very good with Lawyer speak so can somebody explain to me WHY they're allowed to suspend your rights, given to you in the constitution, what laws allow them to do this and why they do it through this method rather than through an open,less threatening, less medieval method.
Also, how has the Patriot Act affected the Grand Jury process. Does it make it easier for them to subpoena you, does it make it so you have less rights? I know there are protests against the grand jury for being unconstitutional (which, from an outside view, it seems to be).
Links would be appreciated, whether for or against grand juries.
Thank-you!
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BLACK AND PROUD
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The grand Jury does not suspend the 5th amendment but if you choose to use it the prosecutor can give you immunity from prosecution and compel you to testify, and the Grand Jury is not an adversarial process so your attorney must stay outside the room but you can go into the lobby and consult with them on every question if you choose to.!~!
Pros and Cons " Leaking Lawyers
... questions: How secret are grand juries and the testimony presented? ... If it was legal, why is the source remaining anonymous "because of grand jury secrecy" ...prosandcons.us/?p=896 - Cached
Pros and Cons " In other news, the leftists have been really quiet ...
... "Fitzmas," the day that the grand jury handed up indictments of Rove and ... As of Friday afternoon that indictment, returned by the grand jury the week of ...prosandcons.us/?p=3505 - Cached
Jury trial: Definition from Answers.com
Jury Trial Jury Trial is the traditional mode of determining issues of fact at ... Pros and cons ... What are the similarities of a grand jury and trial jury? ...http://www.answers.com/topic/jury-trial - 154k - Cached
Find Right Balance in Grand Jury Probes
Grand juries have shown their worth time and time again, but as some Oklahoma ... 10 in the Phoenix looked at the pros and cons of the multicounty grand jury. ...http://www.nacdl.org/public.nsf/mediasources/20060419b?OpenDocument - 56k - Cached |
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