Quote:
Originally Posted by Duckwalk
[You must be logged in to view images. Log in or Register.]
Justice Antonin Scalia, in the 1992 Supreme Court case of United States v. Williams, explained what the role of a grand jury has been for hundreds of years.
"It is the grand jury’s function not ‘to enquire … upon what foundation [the charge may be] denied,’ or otherwise to try the suspect’s defenses, but only to examine ‘upon what foundation [the charge] is made’ by the prosecutor. Respublica v. Shaffer, 1 Dall. 236 (O. T. Phila. 1788); see also F. Wharton, Criminal Pleading and Practice § 360, pp. 248-249 (8th ed. 1880).
As a consequence, neither in this country nor in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented."
The evidence presented in both the Brown and Garner cases easily rise the the level of probable cause. The exculpatory evidence and affirmative defenses are for a trial jury to decide.
DAs have too much of a vested interest in not prosecuting local law enforcement.
|
You are going to need to chop that up and throw in a couple of 'ya feels?' for these clowns to understand that post.