Toward a More Independent Grand Jury: Recasting and Enforcing the Prosecutor's Duty to Disclose Exculpatory Evidence

44 Pages Posted: 28 Dec 2005

Abstract

This Article analyzes the Supreme Court's decision in Williams, in which the Court struck down an attempt by the Tenth Circuit to impose an obligation on federal prosecutors to disclose substantial exculpatory evidence to the grand jury. The author discusses the contours of this case and the ethical underpinnings of a prosecutor's disclosure obligations before the grand jury, and sets forth a new framework for consideration of such issues.

Keywords: grand jury disclosure obligations, prosecutorial disclosure, criminal proceedings, professional ethics, grand jury reform, exclusionary rule, prosecutorial discretion, ethical responsibility, professional conduct

Suggested Citation

Cassidy, R. Michael, Toward a More Independent Grand Jury: Recasting and Enforcing the Prosecutor's Duty to Disclose Exculpatory Evidence. Georgetown Journal of Legal Ethics, Vol. 13, pp. 361-403, 2000, Boston College Law School Research Paper No. 2000-13, Available at SSRN: https://ssrn.com/abstract=871746

R. Michael Cassidy (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States
617-552-4343 (Phone)

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