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How Grand Is The Jury?

Mar 10, 2015
by Caroline Miller
A Grand Juror Speaks, Gideon Lewis-Knaus, Grand Juries: Justice or Politics?
4 Comments

There’s a classic joke in legal circles about a doctor on trial for malpractice.  The prosecuting attorney reads down a list of 12 men, pausing to ask if each was the doctor’s patient.  Each time, the man admits that each was.  Then  the prosecutor asks,  “And are these men dead or alive, doctor?”  “Dead,” is the answer.  

The jury gasps and seems ready to render a verdict.  Then the defense attorney rises.  “One question, please, doctor.  “What were the ages of your patients?”

 “A 100 and older.  I specialize in geriatrics.”

 The story about the doctor on trial for malpractice came to mind while reading an article by Gideon Lewis-Knaus.  In it, he describes his experience while serving on a grand jury.  (“A Grand Juror Speaks,” by Gideon Lewis-Knaus, Harper’s March 2014 pgs. 41-44.)  What seems to have impressed him was that  jurists on his panel were “encouraged, perhaps even pressured” by the district attorney to deliver an indictment against the person under investigation. (Ibid, pg. 41.)

Lewis-Knauses, apparently, is under a common misconception that grand juries are called when a defendant is on trial.  That’s not the case.  What’s on trial is the district attorney’s evidence that a crime has been committed.  Since evidence is the issue, the suspect in the crime usually does not appear not does the defense attorney.  Generally, the proceedings are secret.  Sometimes the potential defendant is unaware of the proceedings.  The intent in these cases is to prevent him or her from attempting to flee before a charge is filed. Sometimes, even if a  grand jury indicts, the district attorney will refuse to go to trial. He or she knows that when a defense attorney is allowed to present contrary evidence, the  indictment will fall apart.   My story about the doctor accused of malpractice is a humorous example. 

Lewis-Knaus is right to express his concern about grand jury proceedings, however.  In 1988, while a county commissioner, I wore an article questioning its use.  (“Grand Juries: Justice or Politics?” by Caroline Miller, 1988.)  In it, I cited experts who outlined numerous abuses of the system involving decisions both to indict or not to indict.  All the potential for corruption exist behind those closed doors:  secrecy, one-sided evidence or evidence withheld, a suspect placed under a cloud with no defense.  

 Grand juries are not required.  They are an extra layer inserted into the justice system and they serve the power and the pleasure of the district attorney at the taxpayer’s expense.  Going to trial without the grand jury serves justice best. In court, the accused knows the charge he or she will face and has a right to an attorney.  Going to court also preserves the public’s right to be informed about the circumstances of the case.

grand jury

Courtesy of thejaghunter.wordpress.com

 

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4 Comments
  1. Emily McKinnon March 11, 2015 at 7:33 am Reply
    In the call for reform of the grand jury system in NY State, and quoted by Tom Wolfe in "The Bonfire of the Vanities", a NY judge lamented the use of grand juries by over-zealous prosecutors. "They would indict a ham sandwich" if told to do so. Unfortunately, still true today.
    • Caroline Miller March 11, 2015 at 7:43 am Reply
      The ham sandwich quote is wonderful. Thank you for sharing. Wish I would have thought of it myself.
  2. Emily McKinnon March 11, 2015 at 8:12 am Reply
    The only reason I remembered it was because it so aptly described the absurdity of the system.
    • Caroline Miller March 11, 2015 at 8:33 am Reply
      It's perfect.

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Contact Caroline at

carolinemiller11@yahoo.com

Portland, Oregon author Caroline Miller had distinguished careers as an educator, union president, elected official and artist/advocate.

Her play, Woman on the Scarlet Beast, was performed at the Post5 Theatre, Portland, OR, January/February 2015

Caroline published a serialized novelette, Marie Eau-Claire, on the website, The Colored Lens.  She also published the story Gustav Pavel,  a parable about ordinary lives, choice and alternate potential, on the website Fixional.co.

Caroline has published four novels

  • Ballet Noir
  • Trompe l’Oeil
  • Gothic Spring
  • Heart Land

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