7 ms·
you only need evidence at trial. cops and prosecutors coerce people into pleading guilty without any evidence every day.
by ruined 5y ago
you only need evidence at trial. cops and prosecutors coerce people into pleading guilty without any evidence every day.
- deleted 5y ago[deleted]
- dragonwriter 5y ago> you only need evidence at trial. False. > before then, cops and the prosecutor only need "probable cause" which is typically understood to allow that evidence may be gathered later. No, it isn't; probable cause must be based in evidence. For cases requiring indictment, this evidence is presented to a grand jury before charges can formally be filed; for cases where the conditions allowing warrantless arrest do not apply, it occurs in the presentation of evidence to support an arrest warrant; for other cases the evaluation (by hearing or otherwise) happens generally within 48 hours of arrest, and delay to gather evidence has specifically been ruled unconstitutional.
- ruined 5y agoah, you sniped my edit. there are a lot of details that vary state by state, but i'll say that not all charges require a grand jury, and 48 hours is clearly "later"
- Animats 5y agoIt's not hard to show probable cause. The issue in most corporate crime is not "did it happen", but "who knew about it" and "who authorized it". Prosecutors, to get an indictment, only have to show it happened, and that the people being prosecuted probably knew what was going on, or should have known. Sorting out exactly who said and did what when when comes out later.