I hope they were immediately released if you can’t get an indictment. The reason they couldn’t get an indictment is because the prosecutor didn’t really want one. Grand juries only really hear what the prosecutor wants to tell them. That’s why it’s said you can get an indictment on a ham sandwich. If the prosecutor just said “he shot her after an argument” with no exculpatory evidence he would’ve gotten an indictment and that would’ve been okay and cool with the US supreme Court.
This is important to remember. Grand juries are simple majority. No defense is present. If they don’t get an indictment it’s because they didn’t want it.
Remember that every time a right wing darling (like a cop or maga drunk) gets away without an indictment.
Yeah. Now sometimes they don’t want one because it’s embarrassing to get an indictment and then later get a judge to grant a motion to dismiss with failure to state offense (actions do not match the crime charged) or a motion for judgment of acquittal(the facts in no way present this being the crime even in the best possible light) and then yell at you. That’s part of why the Trump admin has regularly failed to get indictments(the other part is they’d have to directly lie about what happened in some of these cases to even convince a grand jury what happened meets the charge, which might break the seal on the Grand jury and actually get your ass sanctioned by the judge). They want their boss to think they’re doing something but they really don’t want to be shown to be incompetent in open court. But overall it’s much much easier to survive a grand jury than a judge’s probable cause hearing(because the judge will actually ask about exculpatory evidence that should be there), so if you’re going that route it should be a slam dunk.
I hope they were immediately released if you can’t get an indictment. The reason they couldn’t get an indictment is because the prosecutor didn’t really want one. Grand juries only really hear what the prosecutor wants to tell them. That’s why it’s said you can get an indictment on a ham sandwich. If the prosecutor just said “he shot her after an argument” with no exculpatory evidence he would’ve gotten an indictment and that would’ve been okay and cool with the US supreme Court.
This is important to remember. Grand juries are simple majority. No defense is present. If they don’t get an indictment it’s because they didn’t want it.
Remember that every time a right wing darling (like a cop or maga drunk) gets away without an indictment.
Yeah. Now sometimes they don’t want one because it’s embarrassing to get an indictment and then later get a judge to grant a motion to dismiss with failure to state offense (actions do not match the crime charged) or a motion for judgment of acquittal(the facts in no way present this being the crime even in the best possible light) and then yell at you. That’s part of why the Trump admin has regularly failed to get indictments(the other part is they’d have to directly lie about what happened in some of these cases to even convince a grand jury what happened meets the charge, which might break the seal on the Grand jury and actually get your ass sanctioned by the judge). They want their boss to think they’re doing something but they really don’t want to be shown to be incompetent in open court. But overall it’s much much easier to survive a grand jury than a judge’s probable cause hearing(because the judge will actually ask about exculpatory evidence that should be there), so if you’re going that route it should be a slam dunk.