Written by attorneys · grounded in primary & secondary sources — see below
An investigative proceeding conducted by a grand jury with broad authority to inquire into possible criminal conduct. The proceeding empowers the grand jury to compel testimony and documents without narrow limits based on relevance or probable outcome.
Sources & Authorities
How it applies
Common Examples
6
Grand Jury Subpoena to Reporter
Gloria Green, a reporter, receives a grand jury subpoena seeking her notes on judicial bribery. She moves to quash, claiming First Amendment protection. The court denies the motion because the grand inquest requires her testimony in a good-faith investigation.
Permitted Attendees During Testimony
Gary Goldman testifies before the grand jury about corporate fraud. Government attorneys, a court reporter, and an interpreter remain present while he answers questions. No other individuals enter the room during the session.
Reporter Must Identify Source
Gideon Graves, an investigative journalist, refuses to name his confidential source during grand jury questioning about securities violations. The court orders compliance because no constitutional privilege shields him from the grand inquest.
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Cases
Statutes
Federal Rules
Model Codes
Restatements
Hornbooks
Study Supplements
Dictionaries
Challenge to Juror Qualifications
Giselle Guerrero moves to dismiss an indictment after learning one grand juror lacked legal qualifications. The court denies the motion because twelve qualified jurors still concurred in returning the true bill.
Recording of Proceedings
Gregory Gates appears before the grand jury investigating tax evasion. A court reporter records all questions and answers. The government retains the transcript for later use in preparing the case.
Disclosure to Government Personnel
Guillermo Guzman, an FBI agent, receives grand jury transcripts to assist prosecutors in a public corruption probe. The attorney for the government files the required notice with the court listing the recipients.
Common questions
Frequently Asked
6
What powers does the grand inquest give the grand jury?+
The grand inquest grants broad authority to investigate possible crimes and compel testimony or documents. Courts refuse to limit the scope based on questions of propriety or forecasts of results.
Supporting sources
Can a journalist refuse to testify before a grand inquest?+
No. The First Amendment does not create a privilege allowing reporters to withhold testimony or sources from a good-faith grand jury investigation.
Who may attend grand jury sessions during witness testimony?+
Only government attorneys, the witness, needed interpreters, and a court reporter or recording operator may be present while the grand jury is in session.
When may an indictment be dismissed for juror disqualification?+
A court will not dismiss an indictment on that ground if the record shows at least twelve qualified jurors concurred in the indictment.
Must grand jury proceedings be recorded?+
Yes, except during deliberations or voting. An unintentional failure to record does not affect the validity of a prosecution.
To whom may the government disclose grand jury matters?+
Disclosure is permitted to government attorneys for performance of their duties and to other government personnel the attorney deems necessary to assist in enforcing federal criminal law.
514 U.S. 549 (1995)Constitutional Law
…state charges were dismissed after federal agents charged Lopez with violating the Gun-Free School Zones Act of 1990. A federal grand jury indicted him for violating § 922(q). He moved to dismiss the indictment on the ground that § 922(q) was beyond the power of Congress to legislate control over our public schools. The…