The federal grand jury is a major factor in the success of the U.S. attorney in the prosecution of criminal cases. This success depends greatly on the integrity and professionalism of the individual prosecutor in the grand jury room. This column describes what the prosecutor does in the grand jury room and how, as a practical matter, that integrity and professionalism is left to the self-discipline of the individual prosecutor, and why the courts and the bar must always be wary that the degree of professionalism does not diminish. The degree of professionalism in the Eastern District of Pennsylvania grand jury continues to be very high.
The Fifth Amendment to the U.S. Constitution requires that no felony charge may be brought except upon the return of an indictment by a grand jury. The federal grand jury is the only method by which a federal felony charge can be brought, without the consent of the defendant.
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