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Toward a More Independent Grand Jury: Recasting and Enforcing the Prosecutor’s Duty to Disclose Exculpatory Evidence

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Digital Commons @ Boston College Law School
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Keywords
  • Grand Jury Disclosure Obligations
  • Prosecutorial Disclosure
  • Criminal Proceedings
  • Professional Ethics
  • Grand Jury Reform
  • Exclusionary Rule
  • Prosecutorial Discretion
  • Ethical Responsibility
  • Professional Conduct
  • Courts
  • Criminal Law And Procedure
  • Judges
  • Law And Society
  • Legal Analysis And Writing
  • Legal History
  • Legal Profession
  • Legislation
  • Politics
  • Practice And Procedure
  • Professional Ethics
  • Criminal Law
  • Ethics And Professional Responsibility
  • Legal History
  • Theory And Process
  • Legal Writing And Research
  • Litigation
Disciplines
  • Philosophy

Abstract

This Article analyzes the Supreme Court’s decision in Williams, in which the Court struck down an attempt by the Tenth Circuit to impose an obligation on federal prosecutors to disclose substantial exculpatory evidence to the grand jury. The author discusses the contours of this case and the ethical underpinnings of a prosecutor’s disclosure obligations before the grand jury, and sets forth a new framework for consideration of such issues.

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