• Nollij@sopuli.xyz
    cake
    link
    fedilink
    English
    arrow-up
    8
    ·
    edit-2
    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
      link
      fedilink
      arrow-up
      5
      ·
      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.