Can a grand jury dismiss an indictment against a defendant who has been found guilty beyond a reasonable doubt?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bari, 750 F.2d 1169 (2nd Cir. 1984):

The grand jury serves the related purposes of investigating wrongdoing and protecting individuals from unfounded prosecutions. United States v. Hogan, 712 F.2d 757, 759 (2d Cir.1983). When, as here, a petit jury has found a defendant guilty beyond a reasonable doubt after hearing all the evidence, including that which was not before the grand jury and the absence of which is claimed to taint the indictment, dismissal of the indictment can be justified only as a method of deterring prosecutorial misconduct. United States v. Thibadeau, 671 F.2d 75, 78 (2d Cir.1982). A prosecutor should of course inform a grand jury of any substantial evidence of which the prosecutor is aware that negates an accused's guilt, United States v. Ciambrone, 601 F.2d 616, 623 (2d Cir.1979), and should respond candidly to a grand jury's inquiries. See id. at 622-23. However, dismissal is warranted only where the prosecutor's conduct amounts to a knowing or reckless misleading of the grand jury as to an essential fact. Defendants are not entitled to a full trial before a grand jury, and grand jury proceedings ought not be viewed as fertile ground to be combed for evidentiary or other error.

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