I am having a hard time understanding how to answer this question.
Discuss whether or not a defense attorney and/or the defendant can address a grand jury and provide reasoning for why a defense attorney and/or the defendant would choose to attend or not attend the grand jury proceeding.
If you read the information we've already posted for you, you'll find the answer.
I just cannot seem to understand the question. Is it asking for my opinion or what?
The question is asking for fact, not your opinion.
http://www.uscourts.gov/educational-resources/get-informed/federal-court-basics/jury-service-federal-courts/comparing-trial-juries-grand-juries.aspx
Thank you Ms. Sue, this one has helped a bunch!
You're welcome.
To answer the question, we need to break it down into two parts:
1. Can a defense attorney and/or the defendant address a grand jury?
2. Why would a defense attorney and/or the defendant choose to attend or not attend the grand jury proceeding?
1. Can a defense attorney and/or the defendant address a grand jury?
In the United States legal system, a grand jury is a group of citizens who review evidence presented to them by prosecutors in order to determine whether there is enough evidence to bring criminal charges against a person. The grand jury proceedings are conducted in secret and are not open to the public.
In most cases, neither the defense attorney nor the defendant has the right to address or present evidence directly to the grand jury. The grand jury process is controlled by the prosecution, and they generally have the sole responsibility to present evidence and witnesses to convince the grand jury to indict the defendant. The defense's opportunity to present their case usually comes at a later stage, during the trial.
However, there can be exceptions to this general rule. In some jurisdictions, a defense attorney may be allowed to present evidence or make arguments to the grand jury, but these cases are rare and usually require a specific legal basis or circumstances.
2. Why would a defense attorney and/or the defendant choose to attend or not attend the grand jury proceeding?
Whether a defense attorney or defendant chooses to attend a grand jury proceeding depends on various factors and legal strategies. Here are a few reasons why they might choose to attend or not attend:
a) Not attending:
- The defense may choose not to attend the grand jury proceeding to avoid tipping off the prosecution about their defense strategy.
- They may believe that the evidence presented by the prosecution is weak, and attending might not change the outcome of the grand jury's decision.
- The defense attorney might decide it is more effective to focus their efforts on preparing for the trial rather than wasting resources on the grand jury phase.
b) Attending:
- The defense attorney may decide to attend the grand jury proceeding if they believe it presents an opportunity to challenge the prosecution's evidence or witness testimony.
- In certain cases, the defense attorney may want to use the grand jury proceedings as an opportunity to gauge the strength of the prosecution's case and gather information about potential witnesses or evidence.
- The defendant might want to attend the grand jury proceeding to assert their innocence or to address any concerns the grand jury may have.
It's important to note that the decision to attend or not attend a grand jury proceeding is typically based on specific circumstances, legal strategies, and the advice of the defense attorney. Different jurisdictions may have different rules and procedures regarding grand jury proceedings, so it's always crucial to consult with legal professionals familiar with the local laws and practices.