More Guidance and Supervision Needed Over Federal Grand Jury Proceedings
GGD-81-18
Published: Oct 16, 1980. Publicly Released: Oct 16, 1980.
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Highlights
GAO reviewed the procedural and secrecy rules related to grand jury matters and the supervision of grand jury proceedings to determine how well the criminal justice system was accomplishing the purposes of grand jury secrecy and to identify areas needing improvement. By improving the security of grand jury proceedings, the effectiveness of one of the Government's more important tools to combat organized crime, drug trafficking, and white-collar crime will be improved.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Justice | The Attorney General should improve the security practices of U.S. attorneys, organized crime strike forces, U.S. marshals, and court reporter personnel by developing and issuing interim security guidelines until the Federal judiciary establishes official security requirements. |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Judicial Conference of the United States | The Judicial Conference of the United States should: (1) review Jury System Improvement plans so that the courts and the Department of Justice are in a position to react appropriately whenever situations calling for maintaining the confidentiality of grand juror names arises; (2) establish guidelines setting forth the minimum physical security requirements needed to protect the secrecy of grand jury materials; (3) require each custodian of grand jury materials, including court appointed reporters, to establish procedures consistent with security guidelines and document them in a security plan to be approved by the appropriate district court; (4) provide for periodic audits by the Administrative Office of the U.S. Courts of all custodians of grand jury materials to determine whether they are complying with approved security plans and whether security procedures need to be improved; and (5) evaluate the physical security around grand jury rooms and develop an appropriate plan to upgrade and modify deficient facilities to ensure that the secrecy of grand jury proceedings will not be compromised. |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Judicial Conference of the United States | The Judicial Conference of the United States should develop a proposed amendment to rule 6(e) of the Federal Rules of Criminal Procedure which more clearly defines what must be kept secret during the duration of grand jury proceedings, including specific guidance for handling: (1) pre-indictment proceedings; (2) grand jury subpoenas; (3) evidence developed independently of a grand jury, but later introduced to it; (4) duplicates and copies of original documents presented to a grand jury; and (5) internal Government memorandums and other documents that tend to disclose what transpires before a grand jury. |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
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Topics
Confidential communicationsCriminal procedureFederal records managementInformation leakingJudicial procedureJudicial reformJuriesLaw enforcementJudgesOrganized crime