A Kentucky Warrant for the Arrest of a Witness in a Grand Jury Proceeding (Under Seal) is a legal document issued by a Kentucky court and signed by a judge. The warrant authorizes law enforcement to detain and arrest a witness who has been called to testify before a Grand Jury and has failed to appear or answer questions. The warrant is issued under seal, meaning that it is kept confidential by the court and not open to public knowledge. There are two types of Kentucky Warrant for the Arrest of a Witness in a Grand Jury Proceeding (Under Seal): a Bench Warrant and a Capital Warrant. A Bench Warrant is issued when a witness has failed to appear for a Grand Jury hearing and is issued by a judge. A Capital Warrant is issued when a witness has failed to answer questions or comply with a court order and is issued by the prosecutor. In both cases, the arrest warrant will contain the name of the witness, the date of issuance, the cause of the warrant, and the signature of the judge. The warrant must then be served upon the witness by an officer of the law.
Kentucky Warrant for the Arrest of a Witness in a Grand Jury Proceeding (Under Seal)
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FAQ
If your testimony could be conceivably used to prosecute you, even if such prosecution would not be meritorious, you can invoke the fifth.
Although grand juries and trial juries are both made up of average people who were called for jury duty, they serve entirely different purposes. A grand jury helps determine whether charges should be brought against a suspect, while a trial jury renders a verdict at the criminal trial itself.
A Grand Jury derives its name from the fact that it usually has a greater number of jurors than a trial (petit) jury. One of the earliest concepts of Grand Juries dates back to early Greece where the Athenians used an accusatory body. In early Briton, the Saxons also used something similar to a Grand Jury System.
Criminal indictment hearings are conducted in secrecy to protect witnesses and defendants in cases of no indictment. During a criminal investigation only District Attorney representatives and a court reporter are allowed in the jury room, with a few exceptions.
A constant criticism of the grand jury system is that the jurors lack legal knowledge, so they cannot decide if there is enough evidence for an indictment. One counter argument to this is that trial or petit jurors do not receive any formal training either (Hoffmeister, 2008).
The protection of whistleblowers is one of the primary reasons for the confidential nature of the grand jury's work. Grand juries may charge public officials of "willful or corrupt misconduct in office." The accusation is tried as if it were an indictment, and may not be dismissed for political or extra-legal motives.
The role of the grand jury in civil investigations presents an interesting twist: the original (English) grand juries served to aid the government in finding and prosecuting private citizens' misdeeds; now, these juries investigate and accuse public figures, defending individual citizens' rights and expectations.
Although Rule 6(e) and the first amendment permit grand jury witnesses to divulge the substance of their testimony outside the courtroom, the practice of imposing secrecy obligations on witnesses continues, thus increasing prosecutors' control over grand jury proceedings.