ROBERT MUELLER USES GRAND JURY WHICH COULD INDICT EVEN A SANDWICH – HOW IT WORKS

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HOW BAD IS A GRAND JURY?

  • Jury would meet in secret and no judge would be present. It’s a prosecutor’s haven
  • Witnesses are not cross-examined ( Constitution says defendant has the right to cross-examine witnesses )
  • Even if a prosecutor knows of information which would help show that the accused person is innocent, he is not required to present it to the grand jury
  • While two sides are presented in a trial, it may be that only one side will be presented in a grand jury proceeding.
  • The accused person is not present (unless he or she is called as a witness),
  • The accused person’s counsel is not allowed (even if he is called as a witness )
  • A  grand jury issues a bill of indictment if it finds probable cause to believe both that a crime has been committed and that the accused person is responsible, or a “no-bill” if it does not find probable cause

 

 

How Does a Grand Jury Work?

 

How Does a Grand Jury Operate?

​​Q: How does a grand jury operate?
A: In carrying out its two functions of reviewing criminal charges which have been brought by police and prosecutors and conducting investigations of possible criminal behavior, the grand jury meets in secret, behind closed doors. Its proceedings are usually one-sided, and are very different from a trial. Unlike a public trial, the accused person is not present (unless he or she is called as a witness), nor is his/her counsel present (even if he is called as a witness). Also, witnesses are not cross-examined. Not even a judge is present in the grand jury room, although a judge will be contacted if a witness refuses to answer a question and the prosecutor wishes to cite the witness for contempt.
The prosecutor presents the state’s case by asking the witness questions. The grand jurors also may ask questions, but neither the actual eyewitness to an alleged crime nor the alleged victim of that crime need to appear as witnesses. The rules that apply in court to exclude most hearsay evidence (evidence provided by someone who did not actually witness the crime) do not apply in the grand jury room. Therefore, a police officer may simply testify as to what eye-witnesses and alleged victims have said.
Further, information obtained by illegal police investigation, unconstitutional surveillance, or by unreliable means, can be heard and relied upon by grand jurors, even though that information would not be admissible if the case proceeded to trial. Finally, even if a prosecutor knows of information which would help show that the accused person is innocent, he is not required to present it to the grand jury. So, while two sides are presented in a trial, it may be that only one side will be presented in a grand jury proceeding.
Grand jury proceedings usually remain secret, unless a witness chooses to disclose what happened in the grand jury room while he/she was testifying. Conclusions made by a grand jury are made known by what it does: a grand jury issues a bill of indictment if it finds probable cause to believe both that a crime has been committed and that the accused person is responsible, or a “no-bill” if it does not find probable cause. The grand jury also may issue a report at the conclusion of its term, in which its members may make recommendations about improving the justice system.

 

SOURCE: OSBA | How Does a Grand Jury Operate?

 

One thought on “ROBERT MUELLER USES GRAND JURY WHICH COULD INDICT EVEN A SANDWICH – HOW IT WORKS

    Brittius said:
    August 4, 2017 at 7:56 am

    Reblogged this on Brittius.

    Like

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