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The grand jury is one of the most distinctive institutions in American constitutional law — a body of lay citizens that exercises the power to indict for federal crimes and that has been held, since Hurtado v. California, not to be incorporated against the states. The grand jury's constitutional status as an independent body is frequently honored more in theory than in practice, but the constitutional warrior who commands the grand jury clause can deploy it to challenge prosecutorial overreach.
The Constitutional Grand Jury Warrior is Volume LXXXVII of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full grand jury constitutional landscape: the Fifth Amendment grand jury clause — its text, history, and the decision not to incorporate it against the states; the grand jury as an independent constitutional institution; grand jury target rights — the right to counsel outside the room, the right to refuse self-incriminating questions, and due process dimensions of target notification; grand jury secrecy under Rule 6(e) — the secrecy rule, the exceptions, and media challenges; journalist subpoenas — the First Amendment journalist privilege from Branzburg v. Hayes through post-Branzburg circuits; and the Fourth Amendment's application to grand jury subpoenas.
The Constitutional Grand Jury Warrior
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