Tue Nov 25, 2014, 11:51 AM
Rose Siding (32,623 posts)
As Few as 4 Grand Jurors Can Scuttle an IndictmentThe prosecutor presents evidence to the
12 grand jurors, nine of whom must agree on whether a crime was committed and whether there is probable cause to believe the defendant committed it. http://ago.mo.gov/publications/courtprocess.pdf So it's possible that 8 of them wanted to return a true bill? No wonder reporters at McCulloch's soiree kept asking for the jury count. And no wonder that's the shred of secrecy he's still affording to the proceeding.
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13 replies, 1833 views
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Author | Time | Post |
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Rose Siding | Nov 2014 | OP |
Lee-Lee | Nov 2014 | #1 | |
Jackpine Radical | Nov 2014 | #3 | |
Lee-Lee | Nov 2014 | #4 | |
Jackpine Radical | Nov 2014 | #6 | |
Travis_0004 | Nov 2014 | #2 | |
Jackpine Radical | Nov 2014 | #5 | |
Lee-Lee | Nov 2014 | #9 | |
Rose Siding | Nov 2014 | #10 | |
Lee-Lee | Nov 2014 | #11 | |
KingCharlemagne | Nov 2014 | #13 | |
Logical | Nov 2014 | #8 | |
bettyellen | Nov 2014 | #7 | |
mainstreetonce | Nov 2014 | #12 |
Response to Rose Siding (Original post)
Tue Nov 25, 2014, 11:52 AM
Lee-Lee (6,324 posts)
1. As few as 1 can scuttle a trial... nt
Response to Lee-Lee (Reply #1)
Tue Nov 25, 2014, 11:54 AM
Jackpine Radical (45,274 posts)
3. Not in quite the same way.
Four Grand Jurors can stop a True Bill from being returned, and then no trial follows. One juror can hang a jury, but this commonly results in a retrial.
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Response to Jackpine Radical (Reply #3)
Tue Nov 25, 2014, 11:56 AM
Lee-Lee (6,324 posts)
4. And a case can be represented to a new GJ the same as a retrial.
Response to Lee-Lee (Reply #4)
Tue Nov 25, 2014, 11:58 AM
Jackpine Radical (45,274 posts)
6. My state doesn't use GJ's; I was not aware of that.
Response to Rose Siding (Original post)
Tue Nov 25, 2014, 11:53 AM
Travis_0004 (5,417 posts)
2. If they can not get 9 on a low standard of evidence, they cant get 12 on a much higher standard.
Response to Travis_0004 (Reply #2)
Tue Nov 25, 2014, 11:57 AM
Jackpine Radical (45,274 posts)
5. I translate this as:
If a prosecutor doesn't want a True Bill out of a Grand Jury, he be able to avoid a Guilty verdict on that case even more easily.
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Response to Jackpine Radical (Reply #5)
Tue Nov 25, 2014, 12:03 PM
Lee-Lee (6,324 posts)
9. When I was on the job
When the DA thought a case was iffy they presented to the GC much like this one was, laying it all out. They figured if just laying out everything they knew, with no defense attorneys, couldn't get a simple indictment than a conviction was pretty well impossible.
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Response to Lee-Lee (Reply #9)
Tue Nov 25, 2014, 12:16 PM
Rose Siding (32,623 posts)
10. When you were on the job was it usual or unusual for the prosecutor to...
give a long and meandering press conference criticizing some grand jury witnesses and supporting others?
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Response to Rose Siding (Reply #10)
Tue Nov 25, 2014, 12:21 PM
Lee-Lee (6,324 posts)
11. No cases I was involved in were a media circus with riots
So I don't think its comperable.
But I rember at least one self defense case where the DA took it in front of the GC and there was a no-bill and he did speak to the local paper at length about it. Not a cop, actually a Hispanic immigrant who killed a white redneck in self defense. Lots of local screaming about an illegal (he wasn't undocumented but that didn't matter to the racists) killing a citizen, but once it was all said and done he explained to the paper why it was no billed and why the GC was right. |
Response to Lee-Lee (Reply #9)
Tue Nov 25, 2014, 12:35 PM
KingCharlemagne (7,908 posts)
13. "GC"??? Do you mean "GJ"???? - nt
Response to Travis_0004 (Reply #2)
Tue Nov 25, 2014, 12:02 PM
Logical (22,457 posts)
8. Not in cases of cops because the proscuter really don't want a conviction. Nt
Response to Rose Siding (Original post)
Tue Nov 25, 2014, 12:01 PM
bettyellen (47,209 posts)
7. And reporters were fed info it was a unanimous decision- leading many to report same as rumor
leakiest GJ ever- and then they blame the media. What bullshit.
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Response to bettyellen (Reply #7)
Tue Nov 25, 2014, 12:33 PM
mainstreetonce (4,178 posts)
12. Leakiest GJ ever
That is one of my problems. Someone leaked details constantly through the process.
That is against the law and could have nullified the GJ. I believe the police did it. |