Best of the Transparent Hummingbird
It is the grand jury�s function not �to enquire � upon what foundation [the charge may be] denied,� or otherwise to try the suspect�s defenses, but only to examine �upon what foundation [the charge] is made� by the prosecutor. Respublica v. Shaffer, 1 Dall. 236 (O. T. Phila. 1788); see also F. Wharton, Criminal Pleading and Practice � 360, pp. 248-249 (8th ed. 1880). As a consequence, neither in this country nor in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented.
US v Williams is about whether an indictment should be dismissed because the Government had failed to present “substantial exculpatory evidence” to the grand jury. SCOTUS says no because a grand jury’s function is not that of a trial jury. Their job is not to enquire upon what foundation [the charge may be] denied,� or otherwise to try the suspect�s defenses, but only to examine �upon what foundation [the charge] is made� by the prosecutor
and the grand jury no obligation to consider, exculpatory evidence, indictment