The Grand Jury Legal Advisor: Resurrecting the Grand Jury's Shield

Thaddeus Hoffmeister, University of Dayton

Abstract

This article starts with a discussion of the prosecutor’s domination and control of the grand jury process and whether or not this negatively impacts the criminal justice system. After determining that indeed this is harmful, a possible remedy is advanced, the Grand Jury Legal Advisor (GJLA). Currently in use in the state of Hawaii and the military, the GJLA is a tool that can not only restore grand juror independence, but also limit some of the control exercised by the prosecutor over the grand jury process. The article examines the effectiveness of the GJLA by, among other things, analyzing the results of the first ever GJLA Survey (conducted by the author). The piece concludes with an analysis of the advantages and disadvantages of the GJLA with a particular focus on the benefits to prosecutors.