55
6.34
(c)
(d)
(e)
it has power to issue subpoenas, to summon witnesses and to secure the production of documentary and other exhibits. This is backed by a power to commit for contempt;
if a witness wishes to claim privilege, on the basis of avoiding self
incrimination, he must do so on his own initiative. The grand jury may
recommend and the prosecutor may
secure, the grant of an immunity to the witness; and
if an immunity is granted a witness may be compelled to answer or face contempt charges. False testimony can be punished by perjury.
From the prosecutors point of view the grand jury is a powerful tool. Victims, who might otherwise be reluctant, are able to give evidence in secret [the suspect is not always aware of proceedings at this stage]. There is strength in numbers, one witness coming forward will encourage others. Witnesses are sworn and to that extent their testimony is preserved. Witnesses who might not normally co-operate can be persuaded to give evidence when the powers of the grand jury are explained to them. Accomplices who are willing to act as prosecution witnesses may be tested on oath before
this tribunal.
6.35 American prosecutors use the grand jury to generate prosecution witnesses and informants. Individuals who are likely to be named as defendants in an indictment may be approached and advised of this possibility by investigators. They are given a
choice, co-operate or face trial. The cases considered by the grand jury are sufficiently serious to make co-operation an attractive alternative. A plea bargain might be struck or an immunity, total or partial, offered. The witness may even be persuaded to co-operate as a participant informant [that is an individual who will continue his involvement with his criminal colleagues giving information to and subsequently evidence on the behalf of, the prosecution]. Such an individual is commonly fitted with a concealed microphone and sets out to record incriminating conversations from his erstwhile companions.