3 ms·
My understanding is that, on paper, to be prosecuted, a few things need to happen: - Law enforcement needs to raise the issue to a prosecutor - A prosecutor n
by blagie 3y ago
My understanding is that, on paper, to be prosecuted, a few things need to happen:
- Law enforcement needs to raise the issue to a prosecutor
- A prosecutor needs to pick up the case
- A grand jury needs to indite you
- A petite jury needs to find you guilty
- A judge needs to sentence you with a penalty (as opposed to stern talking to)
Each of those is intended as a check-and-balance in the system. All of those have been steamrolled with misaligned incentives, mandatory minimum sentencing, etc., but that's how it's supposed to work.
- jkaplowitz 3y agoMany states no longer use grand juries, and maybe some never did (I’m unsure on this detail). That particular federal constitutional protection has never been held by the courts to bind the states. But yes, Texas does have grand juries for felonies and a few misdemeanors (not most). Tangent: it’s spelled indict, not indite (but it is pronounced as if it were indite)
- Fezzik 3y agoUnless something has changed dramatically since I graduated from law school (2010), 96% of states use grand juries…
- jkaplowitz 3y agoWhile nearly all states do have some form of grand jury, only about half make a grand jury indictment a requirement for a criminal prosecution, and some of those requirements only apply to felonies.