• Serinus@lemmy.world
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    1 day ago

    There is no defense during a grand jury hearing. The prosecutor and police just get to tell whatever story they want.

    n 1985, Sol Wachtler, then the chief justice of New York’s Supreme Court said, “Any good prosecutor can get a grand jury to indict a ham sandwich.”

    If they’re unable to get an indictment it’s almost certainly because the accused did nothing wrong. Yet they’re still holding her in jail anyway.

    It’s harassment and bullying.

    • Nollij@sopuli.xyz
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      1 day ago

      More specifically, it means the prosecution doesn’t have a case. The question before a grand jury is whether there’s enough evidence to take it to trial. They take the prosecution’s claims at face value, and ask if that would be enough for a conviction, assuming there was no dispute over the facts.

      There’s no defense present, because that’s not the question. The grand jury does not weigh evidence or anything; that’s for the petit jury. Decisions about admissibility of evidence is for the trial judge.

      Grand juries typically indict 95%+ of the cases presented. You need to have a really, really bad case to lose at the grand jury stage.

      • meco03211@lemmy.world
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        1 day ago

        Some prosecutors purposely flub the grand jury for police brutality cases. Then they can say they tried and it’s not their fault they can’t prosecute the police.