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The Inquisitorial Functions of Grand Juries (with Isadore H. Cohen), 41 Yale Law Journal 687 (1932)


WHILE denying the traditional virtues of grand juries and discrediting them as wielders of the power of indictment, current criticism nevertheless remains non-committal as to their value for John Doe investigation into crime. As epitomized by the report of the National Commission for Law Observance and Enforcement, there seems to be some feeling that they are still of possible use in that quarter: "Today the grand jury is useful only as a general investigating body for inquiring into the conduct of public officers and in case of large conspiracies. It should be retained as an occasional instrument for such purposes...." In the same vein, legislation in the information states, mirrored in the American Law Institute's Draft Code of Criminal Procedure, retains the possibility of impanelling occasional grand juries for purposes of investigation.

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