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Cake day: August 16th, 2023

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  • 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.