Beating the Perjury Trap

The grand jury process currently gives too much power to the prosecutor. A prosecutor presents their case in secrecy and can show any evidence they want to get an indictment. No one representing the defendant is present.

The proceeding is so one-sided that the grand jury rarely goes against the wishes of the prosecutor. So what’s the point of this charade? This quote is by former Rep Mike Martin from Wikipedia: "A grand jury is nothing more than a perjury trap. They drag you in by court order, won't let you have an attorney present, tell you the Fifth doesn't apply because you are not accused of anything, then slap a felony charge on you at the end because you deny an accusation. It goes against everything our forefathers intended when they set up America's judicial system".

But there is some good news on that front:

In a decision that is drawing notice throughout the criminal defense bar, the U.S. Court of Appeals for the D.C. Circuit recently held that grand jury witnesses are entitled to review their testimony in ongoing investigations.

Defense attorneys characterize the ruling as among the most significant grand jury reforms in recent memory, one that could induce more witnesses to testify, eliminate misstatements that lead to perjury charges and curb prosecutorial overreaching.