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Asking the Right Questions Virtual Justice: The Flawed Prosecution of Crime in America By H. Richard Uviller Yale. 318 pp. $30.00. Reviewed by Gary P. Naftalis Former Federal prosecutor;...
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CONGRESS & REVISION There is considerable desire within Congress to revise the laws on grand juries and even the Constitution where it applies. At least some of the major bills now pending in the...
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IMPANELING & INDICTING Before taking up the controversies surrounding the grand jury, we think it would be useful to picture it in operation. The secrecy requirements preclude any description of...
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THE GRAND JURY AN INSTITUTION ON TRIAL BY MARVIN E. FRANKEL AND GARY P. NAFTALIS INTRODUCTION Though best known for other clauses, the Fifth Amendment to our Federal Constitution provides as its...
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ORIGINS & DEVELOPMENT The ancestor of the grand jury is said by historians to date from 1166, the year of King Henry Hi's Assize of Clarendon. The idea of the Grand Assize (as it was known in...
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PROBLEMS & PRESCRIPTIONS Nobody is perfectly pleased today with the grand jury. The displeasure varies with the interests and outlook of the critic—from prosecutors impatient over inefficiency and...
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REFORM VS. ABOLITION We think the grand jury retains a significant place in our system of criminal justice. It falls far short of the ideal, however, and is in need of improvement. Along the way we...
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SELECTION & PREJUDICE Because the decision to prosecute is a grave one, must we not be certain that those who make it are specially qualified by intelligence, education and overall experience? If...
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THEORY & PRACTICE With 50-odd separate jurisdictions, our Federal system is a lawyer's dream (or nightmare) of complex varieties. It is impossible, therefore, to generalize about the number of...
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N, MARTIN WEINSTE1
Asking the Right Questions
(August 1996)
