It's About Time....Kyle's Law

WinstonSmith

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You obviously know nothing about the grand jury system.

Maybe not enough. Care to educate me so I make a more informed comment next time? It was my understanding that when bringing a case like this the prosecuter usually gets an indictment from a grand jury before bringing the case before the court but this wasn't required in Wisconsin. Is that incorrect?
 

rockyfatcat

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Maybe not enough. Care to educate me so I make a more informed comment next time? It was my understanding that when bringing a case like this the prosecuter usually gets an indictment from a grand jury before bringing the case before the court but this wasn't required in Wisconsin. Is that incorrect?
A google search would provide better information.

One of the most common criticisms of grand juries is that they have become too dependent on prosecutors (Beall, 1998). Instead of looking at the evidence presented to them, grand juries are simply issuing the indictment that the prosecutor asks them to (Beall, 1998).

 

GAgunLAWbooklet

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It's commonly said in legal circles that a grand jury "would indict a ham sandwich" if the District Attorney asked them to.

I presented hundreds of cases to the grand jury when I was a prosecutor with the DA's office, and only a couple were "no billed" ( indictment declined).

Those were cases where we (the lead detective on the case, summarizing the evidence & facts of the case, and me as a prosecutor advising about the status of the law) KNEW AHEAD OF TIME the evidence was weak or conflicting, and yet law enforcement had done that all we could to build a strong of a case as possible, so there was no point in delaying the presentation of the case to the grand jury. It was time to either poop or get off the potty.
Often in cases involving victims who were actually harmed, it was the victim who urged the DA's office to send a problematic case to the G.J. even after we legal experts advised them it wasn't a great case and could be reasonably seen as weak.
 

GAgunLAWbooklet

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In Georgia, all but the most serious crimes can be charged and sent to court on only an "accusation" written & filed by the DA's office, without any Grand Jury involvement.

(Assuming the Defendant is out in bond and has waived the right to a grand jury's review of the case.)

https://law.justia.com/codes/georgia/2020/title-17/chapter-7/article-4/section-17-7-70/

But a DA can choose to send a case to the grand jury and let them make the decision to proceed with the prosecution or not.
 

Gaffer1968

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In Georgia, all but the most serious crimes can be charged and sent to court on only an "accusation" written & filed by the DA's office, without any Grand Jury involvement.

(Assuming the Defendant is out in bond and has waived the right to a grand jury's review of the case.)

https://law.justia.com/codes/georgia/2020/title-17/chapter-7/article-4/section-17-7-70/

But a DA can choose to send a case to the grand jury and let them make the decision to proceed with the prosecution or not.
The old adage, "DA can indict a ham sandwich if he wants." Doesn't mean it will stick. KYLE showed them that..
 

gh1950

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It would never pass. Lawyers protect lawyers, and almost all politicians are lawyers.

Actually that's not even close to being true.

If by "politicians" you mean elected people in a legislative capacity (Congress, legislature, city council) approximately one third or less are lawyers.
 

Abbsnkan

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What would happen is not what we would want. Who judges what cases are “laughable lame” or weak or just punitive? The da office has someone to be held accountable to and in a rural county it’s the voters. The amount of political pressure in somewhere like macongo or any of the liberal ****hole Atlanta areas I’d amazing. Look at athens. They fired that kid who hit the criminal who jumped in front of his patrol car, on freaking camera. What will happen is that cases that are not a 100% slam dunk will get tossed. That includes a lot of cases that could have been guilty verdicts. Remember, district attorney’s are just attorneys. That’s it. Nothing special and one step above defense attorneys who’s job it is to get a lessor sentence or a not guilty plea regardless of guilt or innocence. And those guys are only one step above child molesters on the evolutionary scale.
 
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