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Does the Fifth Amendment Grand-Jury Protection Still Matter?
National Review ^ | November 26, 2014 | By Andrew C. McCarthy

Posted on 11/26/2014 1:38:31 PM PST by Jim Robinson

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To: Jim Robinson

Their definition of “justice” is a tad off. Like a lot of tads


21 posted on 11/26/2014 2:16:58 PM PST by GeronL (Vote for Conservatives not for Republicans)
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To: Jim Robinson

This situation is an unfortunate legacy of the civil rights battles of the 50s thru 70s and the imposition of a set of federal statutes upon the states.

In the (lets remember DEMOCRAT) South and neighboring states, obvious crimes would not be prosecuted or even if they make it to court, the juries would be packed with the White Citizen’s Council members. Many of these were blatant violations of Constitutional Rights but the local and state governments would just not enforce and ignore the violations.

So the US Government did its own run-around the concept of Federalism to rectify the problem by passing a series of over-arching Civil Rights Laws that allowed the Federal Government a separate prosecutorial function un-thought-of in the Constitution. These laws also added special scrutiny to certain (Southern) States and other governing districts where the Dept. of Justice maintains the right of ‘prior approval’ on election laws as well as civil justice statutes.

In short, the bad behavior (including lynching and semi-judicial murder) brought about bad law and that bad law is what we are talking about here. A.G. Holder has the big club of these laws to batter at unapproved decisions and he is obviously using it in this case. An interesting side note here is that at the November 25th remarks by A.G. Holder on the Ferguson unrest, he did add an interesting expansion about how Ferguson was not the only government under scrutiny by the DoJ.

As a previous Obama Administration Official (Rahm E.) stated, “Never let a good crisis go to waste!”


22 posted on 11/26/2014 2:21:42 PM PST by SES1066 (Quality, Speed or Economical - Any 2 of 3 except in government - 1 at best but never #3!)
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To: Jim Robinson
Grand juries are as old as the Roman Republic.

One their designed purposes was to prevent street justice, riots and thus preserve the city-state republic.

When a populace becomes incensed, blind with rage stoked by demagogues over a perceived crime, the grand jury convenes to calmly address the street accusations.

23 posted on 11/26/2014 2:26:00 PM PST by Jacquerie (Article V. If not now, when?)
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To: Jim Robinson
even if the evidence was insufficient to indict Officer Darren Wilson, justice would have been better served if the grand jury had indicted anyway. That way, the reasoning goes, we could have had a public trial in the light of day where everyone could have seen that the case was insufficient. That, we are to believe, would have made it easier for the community to accept the result.

Correct. Just see the example of the Rodney King trial.

24 posted on 11/26/2014 2:29:36 PM PST by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: Straight Vermonter

B/S. An innocent man does not have to answer to a lynch mob.


25 posted on 11/26/2014 2:32:06 PM PST by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: SES1066
We can thank the 17th Amendment for the flanking movement on federalism.
26 posted on 11/26/2014 2:34:30 PM PST by Jacquerie (Article V. If not now, when?)
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To: Jim Robinson
B/S. An innocent man does not have to answer to a lynch mob.

Yes. It was sarcasm.

27 posted on 11/26/2014 2:35:06 PM PST by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: Straight Vermonter; Jim Robinson; xzins; P-Marlowe
Correct. Just see the example of the Rodney King trial.

So, you believe that whenever a person is accused of something that they should be indicted even if there is no evidence that a crime was committed and then be put on trial to prove their innocence?

This is totally contrary to over two hundred years of American jurisprudence and centuries of English Common Law before that upon which it is based.

Police officers are in constant contact with criminals and they must be prepared to defend themselves and innocent bystanders, THIS is why We the People provide them with guns.

28 posted on 11/26/2014 2:38:26 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

Sigh...I thought the sarcasm was self evident but clearly I was mistaken.


29 posted on 11/26/2014 2:56:05 PM PST by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: Jim Robinson

How quaint. Mr. McCarthy believes the Constitution is still operational.

L


30 posted on 11/26/2014 2:59:14 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Sherman Logan

“So it’s difficult to see how skipping a trial helps him much.”

It’s also about establishing a precedent for not allowing
the grand jury to become a rubber stamp on the way to
trial jury just because people say they want the trial
jury to be the final say for whatever reason.


31 posted on 11/26/2014 3:03:00 PM PST by WKTimpco
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To: WKTimpco

No arguments. Merely noting that the grand jury requirement isn’t going to provide Officer Wilson with much protection.


32 posted on 11/26/2014 3:06:01 PM PST by Sherman Logan
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To: Jim Robinson
A number of commentators have argued tonight, with no challenge by their media interviewers, that even if the evidence was insufficient to indict Officer Darren Wilson, justice would have been better served if the grand jury had indicted anyway. That way, the reasoning goes, we could have had a public trial in the light of day where everyone could have seen that the case was insufficient. That, we are to believe, would have made it easier for the community to accept the result.

Who cares about the Grand Jury? Wouldn't it have been better if we just lynched Wilson?

Don't the needs of the many outweigh the needs of the few...or the one?

Mr. Holder? Mr. Obama?

33 posted on 11/26/2014 3:11:55 PM PST by stevem
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To: Jim Robinson

“Oh, for crying out loud. The police officer committed no crime. His constitutional rights are guaranteed and should not be trampled!”

Agreed, although it is ironic. Cops certainly have no issue with trampling other people’s constitutional rights.

The real danger of ignoring this right, is it opens the door to doing it for everyone. An attack on one man’s rights, is an attack on EVERYONE’S rights.


34 posted on 11/26/2014 3:13:58 PM PST by LevinFan
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To: SES1066

Yes, and now the pendulum has swung the other way and we have an oppressive federal government trampling on the rights of the people. Ironic that it’s the Democrats again.

The Founders had it correct. Put the Constitutional protections back in.


35 posted on 11/26/2014 3:14:06 PM PST by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: LevinFan

(Some) cops.


36 posted on 11/26/2014 3:15:00 PM PST by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: Sherman Logan

The only way to avoid the mob execution was
for Wilson to let Brown kill him in the squad
car. Now even plastic surgery won’t help
because the New York Slimes will provide
the before-after photos.


37 posted on 11/26/2014 3:15:30 PM PST by WKTimpco
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To: Jim Robinson

That’s what they demanded down in Sanford, FL a couple years ago. They got their charges without a GJ. They got their trial. The whole world saw the evidence. And they still claim that “justice” was not served


38 posted on 11/26/2014 3:40:37 PM PST by digger48
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To: digger48

The bastards will do what ever they can to make the decision come out to their liking, PERIOD! They will have it NO OTHER WAY.

I am not surprised that the riots were planned in advance and will continue until the DO get their way.

It’s not over till Holder says it is...........


39 posted on 11/26/2014 4:13:42 PM PST by DaveA37
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To: Straight Vermonter
My apologies, I didn't realize that it was sarcasm.
40 posted on 11/26/2014 4:14:54 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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