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Old 08-13-2015, 09:27 AM
 
Location: SC
8,793 posts, read 8,166,453 times
Reputation: 12992

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IMO, this is good news. The DA's will have to make public decisions instead of saying "The Grand Jury decided in secret..."

California Bans Use Of Grand Juries In Police Shooting Cases
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Old 08-13-2015, 10:36 AM
 
7,578 posts, read 5,327,909 times
Reputation: 9447
Interesting. DA's won't be able to hide behind grand juries. They will either have to charge or decline to do so, should be interesting.
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Old 08-13-2015, 11:37 AM
 
Location: New Jersey
16,911 posts, read 10,594,283 times
Reputation: 16439
Probably unconsitution, but hey it's california. I don't even know if that state is even part of the US anymore.
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Old 08-13-2015, 11:51 AM
 
2,630 posts, read 1,455,899 times
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Good move. This would hopefully stop DA's who are in the tank for police to come clean on what they will do.
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Old 08-13-2015, 12:01 PM
 
Location: Type 0.73 Kardashev
11,110 posts, read 9,817,167 times
Reputation: 40166
Quote:
Originally Posted by MJJersey View Post
Probably unconsitution, but hey it's california. I don't even know if that state is even part of the US anymore.
You haven't a clue. The grand jury clause of Amendment V has never been incorporated against the states. Since I know you haven't the foggiest idea what the means, here:
https://www.law.cornell.edu/wex/incorporation_doctrine

So it has never been required under the United States Constitution that state crimes be put before a grand jury. Only federal crimes face this requirement. As a result, only 23 states require the use of grand juries for serious crimes. In 25 states, grand juries are used on an optional basis (California is one of these states). 2 states do not use grand juries at all (Connecticut and Pennsylvania).

How can you claim to care so much about the Constitution when you know so little about it?
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Old 08-13-2015, 12:02 PM
 
Location: Honolulu/DMV Area/NYC
30,639 posts, read 18,235,725 times
Reputation: 34509
I'm actually against this. This will lead to district attorneys pandering more to public opinion and the mob instead of seeking to uphold the rule of law.
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Old 08-13-2015, 12:03 PM
 
Location: Honolulu/DMV Area/NYC
30,639 posts, read 18,235,725 times
Reputation: 34509
Quote:
Originally Posted by Unsettomati View Post
You haven't a clue. The grand jury clause of Amendment V has never been incorporated against the states. Since I know you haven't the foggiest idea what the means, here:
https://www.law.cornell.edu/wex/incorporation_doctrine

So it has never been required under the United States Constitution that state crimes be put before a grand jury. Only federal crimes face this requirement. As a result, only 23 states require the use of grand juries for serious crimes. In 25 states, grand juries are used on an optional basis (California is one of these states). 2 states do not use grand juries at all (Connecticut and Pennsylvania).

How can you claim to care so much about the Constitution when you know so little about it?
True. Although I expect the requirement to be incorporated against the states sooner rather than later, especially as experiments like these lead to more politicized prosecutions where prosecutors give way to mob justice.
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Old 08-13-2015, 01:01 PM
 
519 posts, read 777,290 times
Reputation: 965
Quote:
Originally Posted by prospectheightsresident View Post
I'm actually against this. This will lead to district attorneys pandering more to public opinion and the mob instead of seeking to uphold the rule of law.
I agree with this sentiment. All this is going to do is encourage mob rule.
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Old 08-13-2015, 01:11 PM
 
Location: SC
8,793 posts, read 8,166,453 times
Reputation: 12992
From 'indicting a ham sandwich' to 'steering' a grand jury, a look at a district attorney's role in the process | SILive.com

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As to whether a DA typically sways a jury, Cohen said, "Virtually every prosecutor in a grand jury puts their thumb on a scale," with statements urging the jurors to focus on one testimony over another.
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One professor of criminal law said Donovan described "ideally what a prosecutor is supposed to do. But there are lots of ways in which prosecutors intentionally or unintentionally can lead a grand jury in a particular investigation."

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CBS News... Why Grand Jury indictments in police shootings is so rare
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Old 08-13-2015, 01:14 PM
 
Location: Self explanatory
12,601 posts, read 7,229,051 times
Reputation: 16799
This should turn out well.
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