Joel Cohen The Ethics of a One-Sided Grand Jury Presentation
No statute or case law legally compels a balanced presentation—as if the prosecutor had a dual personality or had mixed emotions over whether she really wants the grand jury to indict. He virtually always, if not always, wants to indict. The recent Rochester grand jury investigation by New York's Attorney General that resulted in a no true bill against seven police officers regarding the death of Daniel Prude raises the issue squarely, which Joel Cohen explores in this edition of his Ethics and Criminal Practice column.
April 13, 2021 at 12:45 PM
9 minute read
As a local state court judge in North Carolina, before becoming a U.S. Senator, the late Sam Ervin was empaneling a jury for a case he was about to try. Reportedly, a potential juror approached the bench to ask that he be excused from jury duty, saying he was hard of hearing in one ear. Judge Ervin excused the juror, but asked him to remain at the courthouse: "I'm selecting a grand jury this afternoon, and they only hear one side of the story anyway."
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