i. Prosecutorial Discretion-> GJ-> Indictment-> Initial Appearance-> Right to Counsel.
ii. 5th Amendment- right to grand jury if otherwise "infamous crime". (felonies).
iii. GJ protection has not been incorporated onto the states.
iv. 6-18 months of service (federally), infrequent meetings; Serve to investigate crimes, and screen crimes.
v. Who is in GJ room? Prosecutor, Interpreter, Court Reporter, Witnesses, and GJ.
vi. Counsel for the witness is not permitted in the GJ room.
vii. Why secrecy? Person being investigated might not stick around, change their conduct, to free GJ from improper influence, concern for witness tampering, and historical function of GJ.
viii. Historically viewed as a tool of the executive to consolidate the King's power.
ix. GJ operates a "shield" or does it? Prosecutor controls what GJ sees and hears, and Prosecutor and GJ work together for a time and build a level of trust.
a. Purposes of Punishment: Deterrence, Rehabilitation, Incapacitation
b. Balance between the efficient administration of justice vs. individual liberties.
c. In most sentencing decisions, the application of either philosophy of punishment will produce the same or similar result. (USSG) Judges don't really choose between retribution + deterrence.
d. Punishments- fines, probation, incarceration, alternative restrictions on liberty, death, shaming.
e. Considerations: past criminal conduct, future dangerousness, false testimony at trial, racial bias (conduct v. belief), judicial vindictiveness, victim impact statements (not include statement of survivors- death penalty). And everything else (those who accept responsibility need deterrence).
i. Not considered- silence at sentencing, even if D plead guilty.