[lbo-talk] Grand Juries

Bill Bartlett billbartlett at aapt.net.au
Sat Nov 12 15:36:45 PST 2011


At 4:57 PM -0500 12/11/11, Wojtek S wrote:


>So would you prefer the prosecutor alone decide whether there is
>enough evidence to file charges?

That isn't the alternative.

As I understand it, a Grand Jury actually substitutes for an important step in the legal process, what we call here the Committal Procedure. http://en.wikipedia.org/wiki/Committal_procedure

So the alternative is a preliminary hearing in a normal court, under normal rules of evidence. You know, the usual protections and civil liberties.


>I'd say that in high profile cases where there could be strong
>political pressure on prosecutors, grand juries offer a better chance
>for due process.

It appears that a Grand Jury in the US system is akin to something like a judicial enquiry or Royal Commission in our system. There are standing investigative bodies (Australian Crime Commission?) that I gather have similar draconian powers of investigation. I don't know much about that though.

Anyhow, the point is that comparison between Grand Juries and prosecutors' discretion to prosecute is invalid. Grand Juries seem to be, not only a circumvention of the court process, but a substitute for a normal police investigation. Which is perhaps necessary in special circumstances like organised crime.

Bill Bartlett Bracknell Tas



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