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TorchTheWitch

(11,065 posts)
20. grand juries don't DO trials
Fri Nov 21, 2014, 05:36 AM
Nov 2014

They determine if there is enough evidence to show that there should be an indictment for an arrest in order for there to BE a trial. The prosecutor usually makes that decision on their own in most cases. And if the grand jury votes to indict THEN the person is arrested and charged and THAT triggers a trial.

Generally, I think a grand jury indictment rather than a prosecutor's sole whim to arrest or not is more fair. Prosecutors can and occasionally do decide to make an arrest or not to make an arrest for personal or political reasons. In general they seem to want to only arrest if there is an abundance of evidence (a "slam dunk&quot that a trial jury will find the person guilty since generally prosecutors don't like to lose cases. More equivalent cases seem to go to trial by grand jury indictment (hence the term "a grand jury will indict a ham sandwich&quot than by the sole decision of a prosecutor that generally wants a "slam dunk" and isn't keen on an arrest without an abundance of evidence that greatly improve the odds of "winning" (a guilty verdict - successful prosecution) at trial.

No one should ever be arrested, charged and tried because of personal, political or public anger reasons. Evidence is the only thing that should ever decide whether or not a person should be arrested, charged and tried. That's why we have grand juries - to make sure that cases where that may be called into question are decided by a grand jury whether or not an arrest is warranted based only on the evidence and not by personal whim, political aspirations or "mob rule".

I've seen so many people saying that a grand jury is "trying" Wilson. Grand juries are not trial juries. All they do - all they're allowed to do - is ascertain whether or not there is sufficient evidence to warrant a person be arrested, charged and tried. It takes the place of a prosecutor making that decision on their own where they might decide to arrest or not arrest a person because of personal or political reasons. This is why a grand jury only sees prosecutorial evidence and why attorneys aren't permitted to be present. By allowing any defensive evidence or attorneys making objections and doing the questioning of witnesses it becomes a trial and defeats the purpose of the grand jury. Since all they do is examine prosecutorial evidence to determine if there is sufficient prosecutorial evidence to arrest, charge and try someone than they shouldn't have any other information, and they do witnesses questioning themselves.

We don't know what information the grand jury has been given in this case or what witnesses they have questioned or what those witnesses testified to. From a few leaks in the press which may or may not be correct it has been said that though he isn't required to Wilson voluntarily appeared before the grand jury and testified and presumably was also questioned for something like four hours. It has also been said that many witnesses also testified and were presumably questioned some of which said that Brown had his hands up and wasn't moving forward while some said otherwise. I would hope that once the grand jury makes its decision that we'll find out what evidence they examined and what witnesses testified to given the public interest in the incident.

As a side note, this case is the perfect example of why police car video cameras as well as officer body cameras are imperative. Every police department should be equipped with these useful tools no matter how small some departments may be and every police car and officer should have them and be required to use them. If any departments don't have the funds than individual states or the federal government should furnish it.

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Not surprised. The police lie a lot sakabatou Nov 2014 #1
I think the distance is way off in this post but I think it happened exactly as was it was reported helpmetohelpyou Nov 2014 #10
Sounds plausible. marble falls Nov 2014 #44
Disgusted but not at all surprised... Spazito Nov 2014 #2
kick FourScore Nov 2014 #3
Its about the math... Historic NY Nov 2014 #4
That's 50 yards with a handgun helpmetohelpyou Nov 2014 #5
Maybe he's the best shot... Ever... Oktober Nov 2014 #8
That would be really hard to do in a instance like this helpmetohelpyou Nov 2014 #11
My sarcasm didn't come through on the last post... Oktober Nov 2014 #14
I thought it might be but helpmetohelpyou Nov 2014 #17
Even on a range... Straw Man Nov 2014 #18
It appears they're measuring starting at the cop car TorchTheWitch Nov 2014 #15
The only way they determine that is shell cases on the ground helpmetohelpyou Nov 2014 #16
well, it seems to be one that was missed by whoever did this TorchTheWitch Nov 2014 #21
He is a trained police officer. I would expect him to. ncjustice80 Nov 2014 #25
I thought the same thing underpants Nov 2014 #26
That was my thought as well. He's a crack shot if this is true NickB79 Nov 2014 #27
Indeed! I practice regularly with a MP9 ...accuracy drops off considerably after 10 yards... L0oniX Nov 2014 #28
Wilson followed Brown. Mike was hit in the head at close range. Dont call me Shirley Nov 2014 #37
that is what I am thinking. hell of a grouping. nt littlewolf Nov 2014 #42
So, he was "charging" from that far away? Spitfire of ATJ Nov 2014 #6
That's why it doesn't sound right in the distance helpmetohelpyou Nov 2014 #7
Added it to my google earth places.... Spitfire of ATJ Nov 2014 #9
That there are no police reports released is that facts do not fit the police narrative. gordianot Nov 2014 #12
grand juries don't DO trials TorchTheWitch Nov 2014 #20
There is enough doubt. sendero Nov 2014 #30
without knowing what evidence the grand jury has seen TorchTheWitch Nov 2014 #32
There are several documented eyewitnesses.. sendero Nov 2014 #33
that's ridiculous TorchTheWitch Nov 2014 #36
Post removed Post removed Nov 2014 #38
As to your final comment regarding video camera's jaysunb Nov 2014 #41
Has this been vetted? Ash_F Nov 2014 #13
Also the trees in Google earth do not match the trees in the photo of the family. Agschmid Nov 2014 #29
That's why I'm not buying this. 840high Nov 2014 #39
The cops lied? I'm shocked! nt Zorra Nov 2014 #19
With this coming out, if the grand jury doesn't indict him davidpdx Nov 2014 #22
I'm guessing the Grand Jury doesn't use Dailykos as a resource seveneyes Nov 2014 #34
I don't think thag is Wilsons SUV in the picture. Lee-Lee Nov 2014 #23
Please Delphinus Nov 2014 #24
This message was self-deleted by its author Xithras Nov 2014 #31
rm / -rf seveneyes Nov 2014 #35
distinctly remember a longer distance hopemountain Nov 2014 #40
How far Brown was from the police vehicle is irrelevant Lurks Often Nov 2014 #43
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