Free Republic
Browse · Search
News/Activism
Topics · Post Article

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.)
[ Post Reply | Private Reply | To 39 | View Replies ]


To: Mouton

I don’t know either, but my question would be, why wouldn’t indictment by a GJ not be considered a “seizure” under the 4th Amendment requiring “reasonableness” (probable cause)?


47 posted on 08/16/2014 1:34:18 PM PDT by PapaNew (The grace of God & freedom always win the debate over unjust law & government in the forum of ideas)
[ Post Reply | Private Reply | To 46 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson