Questions tagged [grand-jury]
17 questions
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No evidence is required for an indictment by a grand jury?
I just read the indictment of Christopher Collins, a congressman, for relaying insider information on a company with publicly traded stock, and for "lying" to a federal agent, ie for denying he relayed the information. So, in other words, to deny…
Cicero
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Why are there 23 members of the grand jury?
I know that a petit (trial) jury in a criminal case requires 12 jurors and I understand why the number 12 was chosen. But why does our U S Constitution, which is modeled after the Magna Carta, require 23 members of the grand jury when the Magna…
Lucy Professor
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Why are charges sealed until the defendant is arraigned?
The indictment against Trump is sealed until he's arraigned.
I am confident that the public (especially the legal community) is curious as to the exact charges.
Why not release the charges to the public before today? I am merely trying to…
gatorback
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Unpacking "If they have a question for the lawyers, they've got to go outside and the grand jurors can ask questions." from former US Fed. prosecutor
I need help understanding in plain language the last few sentences of the following exchange between CNN's anchor Dana Bash and CNN's Chief Legal Analyst (and former federal prosecutor) Laura Coats in the July 28, 2023 Trump's lawyers have secret…
uhoh
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If the grand jury refuses to indict, can the prosecutor try again?
A prosecutor seeks an indictment for Charge X, but the grand jury returns a no-bill.
Is the prosecutor free to seek another indictment on Charge X from the same grand jury, or from a different one? Does it matter if the prosecutor has new evidence?…
bdb484
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Is there evidence that grand juries in the United States ever practiced a form of jury nullification due to bad behavior by the executive branch?
The United States legal system includes many checks and balances; one such check that lies in the hands of the people is the requirement that federal prosecutors obtain indictments from a grand jury prior to charging someone with a federal felony…
nben
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How are US grand juries instructed not to 'indict ham sandwiches' if there is no judge or opposing counsel?
In the May 26, 2021 video How a NY special grand jury could impact Donald Trump CNN’s senior legal analyst and former federal prosecutor Elie Honig mentions the following in a background piece outlining the basics of a US Special Grand Jury. After…
uhoh
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Does failure to present a charge to a grand jury leave that charge open for future indictment?
In the fatal shooting of Breonna Taylor the Kentucky Attorney General presented a case to a Grand Jury, but the only indictment was for wanton endangerment. Recently this Washington Post story and this CNN story report that at least two jurors have…
David Siegel
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Are priests held to the same standards as attorneys?
The Seal of the Confessional for priests (at least in the Catholic faith) prohibits a priest from disclosing anything and everything that was said to them in a confession. Given that, if someone confessed a crime (major or minor) the priest could…
Michael
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Do police have special protection in shootings, related to Breonna Taylor
I know this is a hot button issue. I was reading about self defense with a firearm and found the general rule that a person that instigates a fight cannot use a self defense argument when using deadly force. The castle doctrine includes the…
kd4ttc
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Is it unethical for a prosecutor not to try his hardest to get an indictment?
A Grand Jury failed to indict Darren Wilson, the police officer who shot Michael Brown, which led to riots in Ferguson, MO. This my have been due in part to the fact that the prosecutor presented the Grand Jury with all the evidence rather than…
Keshav Srinivasan
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Would serving on a US federal grand jury for 18+ months prevent me from moving out of state for a better job?
I have been selected to serve on a US federal grand jury for 18 months (or more?), once per week, and start next week. As far as I can tell, the process was essentially random and there was no way I could get out of this. The court seemed to only…
JEs9X
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Are state and Federal Grand Jury proceedings, testimony and deliberations secret in perpetuity?
Are state and Federal Grand Jury proceedings, testimony and deliberations secret in perpetuity?
Reference: Rule 6. The Grand Jury | Federal Rules of Criminal Procedure | US Law LII. https://www.law.cornell.edu/rules/frcrmp/rule_6#
Are there any…
BlueDogRanch
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Why and when did New York State decide to run grand jury investigations differently from US federal grand jury investigations? Other differences?
CNN's May 27, 2021 video 'Frustrated and concerned': Haberman reveals Trump's view of NY probe includes a short interview with "New York Law School professor and former Manhattan assistant district attorney" Rebecca Roiphe who says after 05:47:
And…
uhoh
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Race of members of a grand jury when a case involves matters of race?
I assume members of a grand jury are not just randomly selected from the population.
In a case involving racism, for example, the race of the jury members is certainly relevant.
In a case about a member of a minority, random selection would usually…
Volker Siegel
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