Federal Grand Jury Reform

NACDL calls upon Congress to halt the dangerous erosion and abuse of the federal grand jury and enact the modest proposals outlined in our Federal Grand Jury Reform Report & "Bill of Rights."

Rather than a bulwark against "hasty, malicious and oppressive prosecution," today's federal grand jury is a rubber stamp, leading many to agree that "a good prosecutor could get a grand jury to indict a ham sandwich." Rep. Henry Hyde (R-IL), former Chairman of the House Judiciary Committee, noted that the federal grand jury, originally established by the Founding Fathers as a means of protecting American citizens against government excess, is today a captive of federal prosecutors.The prosecutor exercises enormous power, unrestrained by law or judicial supervision. The grand jury process itself is largely devoid of legal rules. The process has become one that wholly fails to protect ordinary American citizens.

To examine this once-great but now languishing institution, NACDL established "The Commission to Reform the Federal Grand Jury," a bi-partisan, blue-ribbon panel that included current and former prosecutors, as well as academics and defense attorneys. The unanimous conclusions and proposals of this diverse group are contained in the widely-distributed publication Federal Grand Jury Reform Report & 'Bill of Rights.' Among the critical, workable reforms detailed in that report are: (1) the right to counsel for grand jury witnesses who are not receiving immunity; (2) an obligation to present evidence which may exonerate the target or subject of the offense; and (3) the right for targets or subjects to testify. In response to reported abuses, several states, New York and Massachusetts among them, have successfully added these well-considered features to their grand jury systems.

Reform Proposals Articles & Editorials Resources Grand Jury Reform Legislation in the 105th Congress (1998)

Sen. Dale Bumpers (D-AR) introduced the Grand Jury Due Process Act (S. 2030) in May 1998. This legislation would have provided a right to assistance of counsel in the grand jury room. In July 1998, Bumpers introduced a more comprehensive reform bill called the Grand Jury Reform Act (S. 2289). In addition to providing a right to counsel's presence, this legislation would have required that grand jurors receive basic legal instructions, that prosecutors present any substantial evidence of innocence, and that defendants receive transcripts of certain grand jury testimony against them. Both bills were referred to the Judiciary Committee. In July 1998, Bumpers offered his right to counsel proposal as an amendment to the CJS appropriations bill (S. Amdt. 3243 to S. 2260), but it was defeated 59-41.

Materials Relating to Sen. Bumpers' Grand Jury Bills, Including Floor Statements, Bill Text, and Roll Call Vote: Click Here




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