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In reply to the discussion: What are the authorities hiding in Missouri? Why NOT cross examine Wilson on the stand? [View all]Glassunion
(10,201 posts)78. Ok... Where to start.
Definition of Defendant: the party against whom a criminal or civil action is brought
Wilson has not had any criminal or civil action brought against him whatsoever. So by definition, he is not a defendant. A grand jury case is not a criminal or civil action. It is an investigative body seeking probable cause for action.
Definition of Cross Examination: the examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility.
In criminal or civil procedure (which a grand jury is not), a Cross Examination occurs only after Direct Examination by the party that called the witness. If a party calls a witness, and upon direct examination it is found that the witness is adverse (a party to an action who is on the opposing side), can the witness be cross examined by the party that called them.
"You infer from that that cross examination cannot take place because the state is calling the witnesses." - No I did not. I am stating that in Grand Jury Procedure, there is no direct nor cross examination. The prosecutor is presenting evidence, and calls witnesses for for Grand Jury testimony.
In this case, the prosecutors I feel intentionally presented a bad case, and failed to properly question the witnesses. Especially Wilson. I'm not sure of Missouri Grand Jury procedure, but in my state and federal Grand Jury, the members of the jury also have an opportunity to question all witnesses. I'm not sure if any of the jurors in this case had questioned any of the witnesses, but from what I've read of the transcripts, I cannot believe that the jury would remain so quiet (granted I am still reading them).
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What are the authorities hiding in Missouri? Why NOT cross examine Wilson on the stand? [View all]
IdaBriggs
Nov 2014
OP
Exactly. Why wasn't his "past association with disbanded corrupt Jennings" asked about?
IdaBriggs
Nov 2014
#6
My take is that the prosecutor had no real intention of seeking an indictment.
TexasProgresive
Nov 2014
#34
Since when was the person who called a witness prohibited from questioning the witness?
Bjorn Against
Nov 2014
#5
Really? And yes, KKK. They did fundraising for him, and threatened the protesters.
IdaBriggs
Nov 2014
#8
Of course, neither does a Defendant getting to testify based on prosecutor soft ball direct
Stallion
Nov 2014
#38
While I take your point, Grand Jurors themselves can question witnesses, completely
KingCharlemagne
Nov 2014
#48
if the prosecutor had the slightest interest in an indictment, wilson wouldn't have even been there.
unblock
Nov 2014
#9
prosecutors and the police need each other, they don't like alienating each other.
unblock
Nov 2014
#13
Plus the dad/mom/brother/uncle/cousin all working for St. Louis law enforcement.
IdaBriggs
Nov 2014
#16
Your questions are good. The suggestion that there could be a deep connection with the KKK is also
jwirr
Nov 2014
#15
I think to a big extent that's just the way things are done in that community
Fumesucker
Nov 2014
#46
So Clinton had to answer because he wasn't up against criminal charges / just civil?
IdaBriggs
Nov 2014
#65
Yes. You need to provide the drafters of the Federal Rules your internet definitions.
woolldog
Nov 2014
#81
Thank you, but I am not a lawyer so I apparently used a word that made sense to me, but not the
IdaBriggs
Nov 2014
#68
Thank you! I think she is using it because that is what Prosecutors usually do with Defendants.
IdaBriggs
Nov 2014
#73
Endless "buts" "what if" "wait just a minute" reminds me of Trayvon Martin, who was simply
NoJusticeNoPeace
Nov 2014
#76