FBI Leaks And The Sanctity Of Grand Jury Secrecy

Law360, New York (April 4, 2017, 10:24 AM EDT) -- The grand jury is a quintessential part of our criminal justice system. It's importance is prominently featured in the Bill of Rights. The Fifth Amendment ensures that "[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." U.S. Const. amend. V. The Federal Rules of Criminal Procedure pay due consideration to the importance of a grand jury by specifying the proper use of it in Rule 6. The grand jury may return an indictment only if 12 of its 23 members determine that there is probable cause that the accused has committed the offense alleged. Fed. R. Crim. P. 6(f)....

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