[cumbo78]

I still need someone to explain to me how the State of Florida, or the Feds for that matter, can proceed without empaneling a Grand Jury. Unles they are going to charge Zimmerman with something other than “a capital or otherwise infamous crime”, like a misdemeanor, a Grand Jury is a Fifth Amendment right.

[Lurker]

A GJ is only required for a Federal matter. That part of the 5th Amendment hasn’t been incorporated to the States yet.

[Aunt Polgara]

I still need someone to explain to me how the State of Florida, or the Feds for that matter, can proceed without empaneling a Grand Jury.

I was under the impression that a capital crime is one that carries the death penalty, like 1st degree murder, which I don't think anyone, even the most anti-Zimmerman folks, believes will be the charge.

[Jonty30]

No.

According to Wikipedia, the prosecutor will call a grand jury, if the prosecutor thinks they may have a weak case. It’s to give 12 capable citizens a chance to review the evidence to see if a case can be made to prosecute or not.

If the prosecutor chooses to not call a grand jury, it’s because the prosecutor believes the evidence is clear enough to make a decision on.

[Gunslingr3]

I still need someone to explain to me how the State of Florida, or the Feds for that matter, can proceed without empaneling a Grand Jury. Unles they are going to charge Zimmerman with something other than “a capital or otherwise infamous crime”, like a misdemeanor, a Grand Jury is a Fifth Amendment right.

you have the right to the jury trial (6th amendment), but "capital crime" refers to something for which you could get the death penalty.

I think you can read her decision to not empanel a grand jury as two fold: They're not going to charge him with premeditated murder, and they want there to be a trial and don't trust a grand jury to not give him the 'Joe Horn' treatment.

[meatloaf]

Grand jury and jury are two different things. Without the grand jury murder 1 is off the table.

[robowombat]

Special Prosecutors have , at least in Michigan, wide powers which includes making them virtual one person grand juries with the ability to prefer charges independent of the GJ system.

[QT3.14]

-- I still need someone to explain to me how the State of Florida, or the Feds for that matter, can proceed without empaneling a Grand Jury. Unles they are going to charge Zimmerman with something other than “a capital or otherwise infamous crime”, like a misdemeanor, a Grand Jury is a Fifth Amendment right.

If I understood Rush today, the GJ only comes into play if Murder 1 is in play.

Anybody commenting in here may have more re FL procedure.