Section 4.16 Modified by Statute

• Library: Criminal Practice 2012 Supp

A. (§4.16) Modified by Statute

The common-law rule of secrecy surrounding grand jury proceedings has been modified both by statutes and by later court decisions. See §§ 540.105, 540.110, 540.120, 540.190, 540.200, 540.210, 540.300, 540.310, and 540.320, RSMo 2000; Mannon v. Frick, 295 S.W.2d 158 (Mo. 1956); State v. McDonald, 119 S.W.2d 286 (Mo. 1938). In Mannon the Supreme Court of Missouri stated that the reasons for secrecy of grand jury proceedings are to:

· protect the jurors;

· promote freedom of disclosure;

· prevent the subordination of perjury; and

· protect the reputation of persons against whom no indictment may be found.

Grand jury proceedings are not to be disclosed unless by order of the court or by statute specifically authorizing disclosure. This applies in both state and federal court to the grand jurors, the prosecutor, and law enforcement personnel who become aware of matters occurring before the grand jury in the...