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Grand Jury Practice

Annual Subscription with Automatic Renewal

Howard W. Goldstein, Steven M. Witzel

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Grand Jury Practice is the most comprehensive treatise available on how grand juries function. Thorough and pragmatic, it brings together statutory and case law, Justice Department regulations, important variations in state court practice (including charts of relevant statutes), and practical advice on what really happens in grand jury proceedings. You'll learn to improve your odds in a game stacked heavily against you—how to deal with prosecutors, turn subpoenas and document requests to your advantage, monitor the progress of an investigation, and make the most of hidden strategic opportunities.

You'll find extensive discussion of the composition and conduct of the grand jury, the law of privilege, joint defense agreements, prosecutorial misconduct, evidentiary issues, grand jury secrecy, and many other constitutional and tactical issues.

Book #00646; looseleaf, one volume, 720 pages; published in 1998, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-083-8.

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  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Edition: 0
  • Page Count: 720
  • ISBN: 978-1-58852-083-8
  • Pub#/SKU#: 646
  • Volume(s): 1

Author Image
  • Howard W. Goldstein
Howard W. Goldstein is a litigation partner in the New York office of Fried, Frank, Harris, Shriver & Jacobson LLP with particular expertise in white collar criminal defense and civil RICO litigations. A former Assistant U.S. Attorney and Chief Appellate Attorney, he has written and lectured extensively on criminal law. Mr. Goldstein writes a regular column on corporate crime for the New York Law Journal and is an editorial board member of the Corporate Counselor newsletter and Business Crimes Bulletin.

Also by Howard W. Goldstein:
RICO: Civil and Criminal Law and Strategy

Author Image
  • Steven M. Witzel


§ 1.01 The Grand Jury Institution
§ 1.02 The Grand Jury Debate

History of the Grand Jury

§ 2.01 Introduction
§ 2.02 The Grand Jury in England
§ 2.03 The Grand Jury in the United States
§ 2.04 The “Demise” of the Grand Jury

Current Use of the Grand Jury

§ 3.01 Introduction
§ 3.02 Composition of the Grand Jury
[1] Impaneling the Grand Jury
[2] Challenging Grand Jurors
[3] The Grand Jury Foreman
[4] Discharging the Grand Jury
§ 3.03 The Special Grand Jury
§ 3.04 Federal Grand Jury Practice
[1] Jurisdiction of the Grand Jury
[2] Rule 6(e): Grand Jury Secrecy
§ 3.05 The Indictment
[1] Voting on the Indictment
[2] Sealing the Indictment
[3] Challenging the Indictment
[4] Charging Capital Offense Sufficiently
§ 3.06 Presentments

The Prosecutor’s Burden

§ 4.01 The Standard of Proof
§ 4.02 The Prosecutor’s Control Over the Process
[1] Convening the Grand Jury
[2] Prosecutorial Control Over the Grand Jury
[3] Freedom from Judicial Review
[4] Duty to Warn Witnesses; Rights of Witnesses to Appear or Present Evidence
[5] Opening Statements, Summaries, Instructing the Grand Jury
[6] “Taking a Second Bite of the Apple”
§ 4.03 Evidence at the Prosecutor’s Disposal
[1] Hearsay
[2] Perjury
[3] Exculpatory Evidence
[4] Illegally Seized Evidence
[5] Privileges
[6] Evidence About Past Criminal Records
[7] Prosecutor as Grand Jury Witness
§ 4.04 Conclusion

Responding to Subpoenas: Procedural Overview

§ 5.01  Introduction
§ 5.02  Grand Jury Process
[1] The U.S. Attorney’s Office’s Role in Issuing Process
[2] Service of Process
[3] Witness Fees
[4] Foreign Witnesses and Documents Located Abroad
[5] Forthwith Subpoenas
§ 5.03  Subpoenas Issued to Targets
§ 5.04  Objections and Motions to Quash
[1] Reasonableness and General Challenges to Subpoenas Duces Tecum
[2] Testimonial Privileges
[3] Privilege Review
[4] Subpoenas Issued to Attorneys
[5] Subpoenas Issued to State and Local Governments
[6] Line-Ups, Voice Samples, Physical Evidence and Electronic Data
[7] Appellate Review
§ 5.05  Responding to a Subpoena Duces Tecum
[1] Producing Documents and Other Tangible Things
[2] Access of Third Parties to Grand Jury Documents

The Fifth Amendment

§ 6.01 Introduction
§ 6.02 Incriminating Testimony
[1] Personal Nature of Privilege
[2] When the Privilege May Be Invoked
[3] Dangers Protected by the Privilege
[4] Effect of Pardon, Prior Conviction, Guilty Plea, or Running of Statute of Limitations
[5] Waiver/Voluntary Self-Incrimination
[6] Testimony Under Threat of State Imposed Disabilities
[7] Use of Compelled Testimony in Other Proceedings
§ 6.03 Incriminating Non-Verbal Acts (Exemplars, Line-Ups, and Directives)
§ 6.04 Incriminating Documents
[1] Privilege as to Contents of Documents
[2] Required Records
[3] Documents Prepared or Held by Third Parties
[4] Records of Corporations, Partnerships, and Other Entities
§ 6.05 Act of Production Privilege
[1] Act of Production Immunity
[2] Custodians of Corporate Records

First Amendment

§ 7.01 Introduction
§ 7.02 Confidential Sources
§ 7.03 Associational Privacy
§ 7.04 Freedom of Religion
§ 7.05 Publications

Electronic Surveillance

§ 8.01 Introduction
§ 8.02 The Basic Statutory Framework
§ 8.03 The Basic Judicial Framework: Gelbard v. United States
§ 8.04 Raising a Claim of Illegal Surveillance
[1] Standing
[2] Timing
[3] Asserting a Claim Under § 3504
§ 8.05 Government Responses
[1] Required Search
[2] Denial of Illegal Surveillance
[3] Government Production of Court Order
§ 8.06 Consequences of Illegal Electronic Surveillance

Parallel Proceedings

§ 9.01 Overview
§ 9.02 Civil and Criminal Discovery
[1] Civil Discovery
[2] Criminal Discovery
§ 9.02 APotential Government Abuse
§ 9.03 Fifth Amendment Privilege Against Self Incrimination
[1] Risks of invoking the Privilege
[2] General Rule
§ 9.04 Disclosure of Grand Jury Matters for Use in Civil Proceeding
§ 9.05 Remedies
[1] Stay Of Civil Proceedings
[2] Protective Orders
§ 9.06 Impact of the Double Jeopardy Clause
§ 9.07 Preclusive Consequences of Parallel Proceedings
§ 9.08 Settlement of Parallel Proceedings


§ 10.01 The Meaning of Immunity: Overview
[1] Types of Immunity and Procedures
[2] Transactional vs. Use Immunity
§ 10.02 Historical Development of Immunity
§ 10.03 Obtaining a Grant of Immunity
[1] Preliminary Considerations in Deciding Whether to Seek Immunity and in Obtaining Immunity
[2] “Queen for a Day” Immunity for Proffer/Pre-Testimony Interview
[3] Formal Immunity: Conferred by Formal Statutory Compulsion Order
§ 10.04 Informal (“Hip Pocket” or “Pocket”) Immunity
[1] Overview
[2] Procedures for Grant of Informal Immunity
[3] Enforced as Contract
[4] Express and Implied Informal Agreements
[5] Oral and Written Informal Agreements
[6] Breach of the Agreement
§ 10.05 Formal Immunity vs. Informal Immunity: Practical Considerations, Pros and Cons
[1] Prosecutorial Preference for Formal Immunity over Letter Immunity
[2] Pros and Cons of Informal Immunity
[3] Pros and Cons of Formal Immunity
§ 10.06 Interviews with Prosecutors After a Grant of Immunity but Before Testimony
§ 10.07 Scope of Use-Fruits Immunity (Formal or Informal)
[1] Overview
[2] Evidence Subject to Immunity
[3] Kastigar v. United States and the Use of Immunized Testimony in Criminal Cases
§ 10.08 Using Immunized Testimony for Purposes Other than Prosecution of the Immunized Witness for the Crime that Is the Subject of the Testimony
[1] Perjury Prosecutions
[2] Obstruction of Justice
[3] Impeachment of the Immunized Witness at Trial
§ 10.09 Use of Immunized Testimony in Civil Cases and Other Noncriminal Proceedings

Sanctions for Refusal to Testify After a Grant of Immunity: Contempt

§ 11.01 Overview
§ 11.02 Contempt Statutes
[1] Statutes that Affect Both Civil and Criminal Contempt
[2] Civil Contempt Statutes
[3] Criminal Contempt Statutes
§ 11.03 Purposes of Contempt
[1] Purpose of Civil Contempt
§ 11.04 Who Can Be Held In Contempt
§ 11.05 Defenses to Contempt Charges
[1] Illegal Surveillance
[2] Moral Beliefs
[3] Press Considerations
[4] Fear of Reprisal
[5] Failed Memory
[6] Least Possible Power Doctrine
[7] Lack of Intent
[8] Medical Inability
[9] Humane Considerations
[10] Invalidity of a Court Order
§ 11.06 Sentencing for Contempt

Joint Representation

§ 12.01 Introduction
§ 12.02 Advantages of Joint Representation
[1] Accord, General Considerations
[2] Stonewalling
§ 12.03 Disadvantages of Joint Representation
§ 12.04 Joint Representation and Professional Ethics
[1] Basic Ethical Framework
[2] Payment of Legal Fees by a Third Party
[3] Application
§ 12.05 Government Disqualification Motions
[1] Conflicts of Interest and Criminal Defendants
[2] Conflicts of Interest and Grand Jury Witnesses
[3] Appellate Review

Monitoring the Investigation

§ 13.01 Introduction
§ 13.02 Debriefing Witnesses
[1] Objectives
[2] Techniques
§ 13.03 Joint Defense Agreements
[1] Legal Background
[2] Undertaking a Joint Defense
[3] Joint Defense Agreements and Cooperating Witnesses
§ 13.04 Discovery of Grand Jury Materials
[1] Court-Ordered Disclosure (Rule 6(e)(3)(C))
[2] Disclosure of Witness Statements
[3] Discovery of Defendant’s Own Statements
[4] Discovery of Grand Jury Transcripts by Media Outlets
§ 13.05 Discovery of Public or Ministerial Records

Prosecutorial Misconduct and Remedies

§ 14.01 Introduction
§ 14.02 Statutory Based Misconduct
[1] Rule 6
[2] Other Statutory Misconduct
§ 14.03 Non-Statutory Based Misconduct
§ 14.04  Remedies for Misconduct
[1] Dismissal
[2] Other Remedies