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To: Mouton; drewh
A grand jury determines pnobable cause, the prosector should have no say in whether the state can prove the case.

Actually the purpose of a Grand Jury is protect the accused from overly-zealous prosecutions by a DA.

The Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury,

A presumption of innocence would permit a DA to refrain from indicting an individual.

What I consider odd is that the DA would take the case to a Grand Jury if he did not consider the evidence adequate to go to trial in the first place.

8 posted on 01/27/2013 12:47:45 PM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac

” ... odd is that the DA would take the case to a Grand Jury if he did not consider the evidence adequate to go to trial in the first place.”

That caught my attention, too. It could be that it was brought to the GJ by a prior DA? My memory is that there were a couple of DAs over the course of this story that went on for years.


22 posted on 01/27/2013 3:54:26 PM PST by EDINVA
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