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Federal Prosecutors Fear a Referee in the Grand Jury Room

CATO | 2026-08-31 | society

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English Summary

The article argues that federal prosecutors frequently abuse their power in grand jury proceedings due to a lack of judicial oversight, allowing them to present one-sided narratives and withhold exculpatory evidence. Evidence cited includes the dismissal of cases involving alleged vandalism and instances where prosecutors were found to have misled witnesses or manipulated procedures without accountability. To curb this misconduct, the author advocates for mandatory reform: interposing a neutral judge in the grand jury room to act as an impartial referee. This judicial intervention would ensure procedural fairness and transparency while maintaining necessary secrecy, thereby holding federal authorities accountable to constitutional standards.

中文摘要

本文論述聯邦檢察官在重大陪審團程序中經常濫用權力,其根本原因缺乏司法監督。這種情況允許他們呈現單方敘事並隱瞞排除嫌疑的證據。引用的證據包括涉及所謂蓄意破壞案件被駁回,以及檢察官曾被發現誤導證人或操縱程序卻未受問責的實例。為遏止此類不當行為,作者主張必須進行強制性改革:在陪審團會議室引入一位中立法官擔任公正仲裁者。這種司法介入將確保程序的公正性和透明度,同時維持必要的保密性,從而要求聯邦當局須對符合憲法標準的規範負責。

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