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If a prosecutor binds a case over to a grand jury does that mean the prosecutor thinks he has an excellant case against the defendant, or is the prosecutor just following procedure? Could handing the case over to a grand jury mean the prosecutor wants to see if the case has merit before proceeding?

2006-11-15 14:29:47 · 3 answers · asked by DALIAN 1 in Politics & Government Law & Ethics

3 answers

It basically means that a majority of the Grand Jurors believed that the Prosecutor showed, by a preponderance of the evidence, that a crime was committed and a certain individual, and/or individuals, committed it. That's it. It's then up to the trial judge or jury to determine, beyond a reasonable doubt, that a particular person or persons committed the aforesaid crime.
The Prosecutor doesn't hold the case over - the Grand Jury does. The Prosecutor simply presents it and the jurors make the decision.

2006-11-15 14:36:09 · answer #1 · answered by 34th B.G. - USAAF 7 · 0 0

Basically, it means very little. You can have very limited evidence and it will still get turned over to grand jury. Grand jury is nothing more than citizens listening to someone who doesnt even know what the case is about, reading a summary of it. Usually takes less than 5 minutes. They will normally ask few questions and thats about it. Federal grand jury is a bit more complicated but you just have to show enough evidence to prove a lawful arrest, nothing more

2006-11-15 22:36:19 · answer #2 · answered by BigEasy 3 · 0 1

Getting a "true bill" from a grand jury proves that the prosecution is well founded, that the evidence warrants it, and may help obtain a plea bargain, saving the district money if that is desired.

2006-11-15 22:37:01 · answer #3 · answered by Anonymous · 0 1

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