I
4
Justice or Politics?
hearing would be combined with a
review by the grand jury. Such a
change might require a constitutional
amendment, but is worth exploring as
the merger would eliminate the current
inequities. As it now stands, a defendant
brought before the courts is granted
procedural safeguards that do not exist
under the grand jury system.
f. To further the independence of
the grand jury, members might be
impaneled for periods of up to a year, as
is done in California, thereby gaining
through longer service considerably
more expertise than their current limited
service. There is at least one drawback
to this method: since the work is full
time but unpaid, the pool of potential
jurors is small. Largely, they are civic
minded persons who are retired,
financially independent or with a spouse
who provides support. Whether or not
this pool of jurors represents a sufficient
spectrum of society is currently part of
CAROLINE MILLER, Commissioner
Multnomah County, Oregon
County Courthouse
Portland, Oregon 97204
the California debate. But there are
ways around this dilemma. Holding
evening sessions is one possible
solution.
This brief review of the grand jury
is not exhaustive, but is an attempt to
raise in the public’s mind some
compelling questions about its fairness:
1. Why should one citizen accused
of a crime be granted the right to hear
and challenge the prosecutor’s case
while another is denied?
2. Why should one be allowed the
protection of counsel while another
is not?
3. Why should some cases for the
prosecution be a matter of record and
others not?
4. And why should the decision of
who shall receive these protections and
who shall not be left to the predilections
of one elected official?
These serious issues must be
addressed or the basic right of equal
treatment under the law is at risk, and
justice is made vulnerable to the
persuasions or ambitions of a single
prosecutor. As citizens of a democratic
society, we must guard our system of
justice and in this arena, at least, tolerate
no opportunity for politics.
THE FOLLOWING
CONTRIBUTED TECHNICAL
ADVICE IN PREPARATION
OF THE MANUSCRIPT -
• Charles Corrigan
• Charles Tracey
• Marc Sussman
• Mark Kramer
• Ethel Lee