Hutch Starskey
Diamond Member
- Mar 24, 2015
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Uh oh. This might be telling.To screen out weak cases and protect defendants from facing trial based on unfounded charges, the criminal justice system generally requires the prosecutor to establish that probable cause exists to support their charges. The prosecutor must convince an independent decision-maker—either a judge or grand jury—that the case has merit and should go to trial. In some states, all felony charges must go before a grand jury. But in others, the prosecutor might have a choice between presenting the case to a grand jury or going before a judge in a preliminary hearing.
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Why Prosecutors Choose Grand Juries Instead of Preliminary Hearings
The grand jury process is prosecutor-friendly in that grand jurors see and hear only what prosecutors put before them.www.nolo.com
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… .”
~ United States Constitution, 5th Amendment
“No person shall be held to answer for a capital or otherwise infamous crime…unless on indictment of a grand jury… .”
~ New York State Constitution, Article 1, Section 6