Justice Would Be Better Served with Some Tweaks
Justice is best placed outside the reach of corruption. This being so, I would argue we need to tighten up our rules on grand juries. They exist not to determine guilt, but to gauge whether there is enough evidence to warrant a trial.
I turn to the Sixth Amendment, which says: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury." Since it speaks of a "public trial," I wonder why grand juries are allowed to go behind closed doors.
Upon checking, I learn there are at least four reasons: 1) Witnesses could be subject to intimidation; 2) The closed session encourages candid testimony; 3) The closed session shields the accused from harm if they are not charged; 4) The closed session helps prevent outside influences on the grand jurors.
Well, tell me how the reasons for keeping grand juries secret differs from what could be argued for the trial itself. Witnesses in the trial itself could be subject to intimidation or retaliation. Having the trial itself as a closed session could encourage candid testimony without fear of public scrutiny. Keeping the trial secret could prevent harm to the accused if they are tried but not convicted. A closed court trial could avoid outside influence on jurors, ensuring impartial decision-making.
What's the difference? I'm not seeing it.
But, if it is too much of a step to throw open grand juries to the public, perhaps we could at least take these measures. A discussion with AI suggests:
1) Requiring public disclosure of evidence presented in cases where no indictment is issued, while protecting sensitive information and witnesses
2) Replacing grand juries with preliminary hearings, which are public and allow both sides to present evidence before a judge.
3) Creating oversight mechanisms, such as a neutral third party reviewing grand jury proceedings for fairness.
Our criminal system -- our trial system -- must not itself evade justice. It is crucial that it have some openness. When things are done without checks and balances -- when there are no restraints -- corruption often raises an ugly head.