Questions tagged [grand-jury]

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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 ...
uhoh's user avatar
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-3 votes
3 answers
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How (and how come) are US state/federal prosecutors allowed to seal indictments?

I have recently heard Tara Reade (who had accused US president Joseph Biden of sexual attack several decades ago) say, that there has been a sealed indictment against her, for the past 3 years (2020-...
einpoklum's user avatar
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8 votes
2 answers
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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 ...
gatorback's user avatar
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13 votes
3 answers
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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 ...
Lucy Professor's user avatar
1 vote
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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 ...
uhoh's user avatar
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4 votes
1 answer
895 views

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 ...
uhoh's user avatar
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6 votes
1 answer
473 views

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? ...
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3 votes
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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 ...
David Siegel's user avatar
2 votes
3 answers
406 views

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 ...
kd4ttc's user avatar
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0 votes
3 answers
116 views

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 ...
Volker Siegel's user avatar
18 votes
2 answers
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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 ...
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Can a grand jury indict a person without identifying them beforehand?

What is the threshold required for indictment? Is it the same as probable cause? Can a grand jury indict a person without proper identification using heresay witness statement. Some time a probable ...
Len Yabloko's user avatar
2 votes
1 answer
217 views

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 ...
Keshav Srinivasan's user avatar
2 votes
1 answer
834 views

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 ...
Michael's user avatar
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