Clearly, an indictment is a critical stage of a criminal proceeding. Targets of a grand jury and victims should have a right to counsel.
Why?
- Grand juries are a secret proceeding. Prosecutors have free reign. There’s no judge or a lawyer for the target or victim’s family.
- Because of the 1976 ruling of the U.S. Supreme Court and the Federal Tort Claims Act, Prosecutors have immunity even when knowingly and willfully presenting false evidence, false testimony, or withholding exculpatory evidence to get an indictment or conviction.
Prosecutors get 99% of the indictments they want, but that percentage drops precipitously when it comes indicting police for the use of excessive force against black citizens.
