Explain the investigative powers of the grand jury. What will ...

[elizabeth18]

Explain the investigative powers of the grand jury.
 
  What will be an ideal response?

Question 2

Explain some significant Supreme Court decisions with regard to the secrecy of grand jury proceedings.
 
  What will be an ideal response?

[dominiqueenicolee]

Answer to Question 1

Subpoenas
Two types of subpoenas are available to grand juries: (1) a subpoena ad testificandum and (2) a subpoena duces tecum. The former compels a witness to appear before the grand jury, and the latter compels the production of tangible evidence. The power of the grand jury to utilize both of these mechanisms is virtually unrestricted.

Grants of Immunity
Although witnesses appearing before a grand jury enjoy the Fifth Amendment privilege against self-incrimination, the grand jury can avoid this limitation by extending grants of immunity to witnesses in exchange for their testimony. A grant of transactional immunity prohibits future prosecution on the acts for which the witness testifies.

Findings of Contempt
When someone is subpoenaed to appear before the grand jury but does not show up, the jury's contempt power can be utilized to compel their appearance. That is, the grand jury can impose civil and criminal sanctions on the individual for failing to appear.

Answer to Question 2

In United States v. Rose, 215 F.2d 617 (3rd Cir. 1954), the Third Circuit Court of Appeals provided several reasons for this:

(1) to prevent the escape of those whose indictment may be contemplated;
(2) to ensure the utmost freedom to the grand jury in its deliberations, and to prevent persons subject to indictment or their friends from importuning the grand jurors;
(3) to prevent subornation of perjury or tampering with the witnesses who may testify before the grand jury and later appear at the trial of those indicted by it;
(4) to encourage free and untrammeled disclosures by persons who have information with respect to the commission of crimes;
(5) to protect the innocent accused who is exonerated from disclosure of the fact that he has been under investigation, and from the expense of standing trial where there was no probability of guilt.