What common law principles apply to the grand jury?

California, United States of America


The following excerpt is from McClatchy Newspapers v. Superior Court, 245 Cal.Rptr. 774, 44 Cal.3d 1162, 751 P.2d 1329 (Cal. 1988):

In 1973 Grand Jury we considered common law principles pertaining to the grand jury to facilitate our analysis of applicable statutes. (Id., at p. 440, fn. 11, 119 Cal.Rptr. 193, 531 P.2d 761, citing Fitts v. Superior Court (1936) 6 Cal.2d 230, 240-241, 57 P.2d [44 Cal.3d 1173] 510.) A similar approach seems appropriate here as we consider the significance of secrecy to the grand jury's effective operation.

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