Does a prosecutor have authority to dismiss an indictment because of prosecutorial misconduct?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gonsalves, 691 F.2d 1310 (9th Cir. 1982):

The court, on the other hand, exercises its power to summon witnesses to attend and to give testimony before the grand jury. Also, "it is the court which must compel a witness to testify if, after appearing, he refuses to do so." [citation] In addition, the court exercises a form of authority over the grand jury when, for example, it dismisses an indictment for failure to charge all elements of the offense or to warn the defendant fairly of the charge against which he must defend. [citation] Likewise, the court exercises authority over the prosecutor when it dismisses an indictment because of prosecutorial misconduct.

United States v. Chanen, supra, 549 F.2d at 1312-13.

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