Cite as: 504 U. S. 36 (1992)
Opinion of the Court
the Fifth Amendment demands. To the contrary, requiring the prosecutor to present exculpatory as well as inculpatory evidence would alter the grand jury's historical role, transforming it from an accusatory body that sits to assess whether there is adequate basis for bringing a criminal charge into an adjudicatory body that sits to determine guilt or innocence. Because it has always been thought sufficient for the grand jury to hear only the prosecutor's side, and, consequently that the suspect has no right to present, and the grand jury no obligation to consider, exculpatory evidence, it would be incompatible with the traditional system to impose upon the prosecutor a legal obligation to present such evidence. Moreover, motions to quash indictments based upon the sufficiency of the evidence relied upon by the grand jury have never been allowed, and it would make little sense to abstain from reviewing the evidentiary support for the grand jury's judgment while scrutinizing the sufficiency of the prosecutor's presentation. Pp. 51-55. (c) This Court need not pursue respondent's argument that the Court of Appeals' rule would save valuable judicial time. If there is any advantage to the proposal, Congress is free to prescribe it. P. 55.
899 F. 2d 898, reversed and remanded.
Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Kennedy, and Souter, JJ., joined. Stevens, J., filed a dissenting opinion, in which Blackmun and O'Connor, JJ., joined, and in Parts II and III of which Thomas, J., joined, post, p. 55.
Solicitor General Starr argued the cause for the United States. With him on the briefs were Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Michael R. Dreeben.
James C. Lang argued the cause for respondent. With him on the brief were G. Steven Stidham, Joel L. Wohlgemuth, and John E. Dowdell.*
Justice Scalia delivered the opinion of the Court.
The question presented in this case is whether a district court may dismiss an otherwise valid indictment because the
*Dan Marmalefsky filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance.
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