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To: Mouton

Where does that standard come from. I don’t think the Constitution species unless incitement by a GJ is considered a 4th Amendment seizure.


39 posted on 08/16/2014 12:29:55 PM PDT by PapaNew (The grace of God & freedom always win the debate over unjust law & government in the forum of ideas)
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To: PapaNew

The standard developed over case law IMO. It only requires a vote of more than half of the grand jurors voting once a quorum is reached. Reasonable cause is another term used in this process...it is merely a statement, or true bill, there is reason to bring the matter to trial. In essence the prosecutor shows a violation has occurred and he puts the proposed defendant present during its occurance.

With no defense testimony taken or defense counsel present, it is kind of a rubber stamp most times.

Lastly the grand jury is used rather than a preliminary hearing to limit the disclosure of evidence a prosecutor has amassed. Recent case law has developed that there is NO requirement to report exculpatory evidence making the grand jury more of a rubber stamp IMO.


46 posted on 08/16/2014 1:09:22 PM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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