11-28-2014, 03:00 PM
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Making PHP work
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Join Date: Nov 2002
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Posts: 20,296
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Quote:
Originally Posted by dyna mo
hear what case? there is no case. that's what a grand jury is supposed to do, look at the evidence and decide if there is a case, they decided no case, i.e., there is no case for any trail judge to agree to hear. the DOJ can open a separate case though and that is what needs to happen here.
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From what I read on this page, the grand jury might not indict but the trial can proceed anyway if a judge thinks the case is strong.
How Does a Grand Jury Work? - FindLaw
Quote:
The Grand Jury's Decision and a Prosecutor's Discretion
Grand juries do not need a unanimous decision from all members to indict, but it does need a supermajority of 2/3 or 3/4 agreement for an indictment (depending on the jurisdiction). Even though a grand jury may not choose to indict, a prosecutor may still bring the defendant to trial if she thinks she has a strong enough case. However, the grand jury proceedings are often a valuable test run for prosecutors in making the decision to bring the case.
If the grand jury chooses to indict, the trial will most likely begin faster. Without a grand jury indictment, the prosecutor has to demonstrate to the trial judge that she has enough evidence to continue with the case. However, with a grand jury indictment, the prosecutor can skip that step and proceed directly to trial.
- See more at: How Does a Grand Jury Work? - FindLaw
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