George Will mentions that a competent prosecutor could convince a GJ to indict a Ham Sandwich. Scary thought in these highly adversarial times in political Pa.
GJ Indictments....Ham Sandwich
- Thread starter eidolon21
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grand juries present some very complex problems, which is a big reason why most states have drifted away from using them.
the presumption is that a prosecutor is interested in justice, and only bringing charges to trial based on a preponderance of the evidence, and an assumption that they truly believe a crime has been committed and the person being indicted is guilty of said crime.
sadly, we have seen many examples of grand juries being sold a bill of goods that is a one sided attempt to just bring charges to trial for political purposes. it is amazing to me the faith some people put in grand juries "getting things right" when it suits THEIR political purposes.
one of the more polarizing events in the past year was the killing of Michael Brown by officer Darren Wilson. a lot of people have had some strong opinions based on what information you choose to believe, but probably the most fascinating aspect of this incident is the current court battle between a member of the grand jury and the prosecutor:
LINK and analysis
what is interesting is his article is written by a former prosecutor. amazing that even grand jurors seem to be disenfranchised by the rules surrounding grand juries. whether you agree or disagree with the conclusions or premise, it is hard to overlook the unbelievable and unfettered power wielded by a prosecutor.
on a side note, I frequently recommend people watch the Law & order episode "Mad Dog" (S7 ep 18) with Burt Young as a recently paroled murderer suspected of committing a heinous crime. Young and Sam Waterston are brilliant in this episode, where ADA Jack McCoy goes to any lengths to prosecute (and persecute) a man he is convinced is guilty. Though you are clearly on McCoy's side at the beginning of the episode, you slowly watch the police and the DA become uncomfortable with the prosecutorial manipulations he uses to try and stop a "guilty" man. Scary.
Re: GJ Indictments....Ham Sandwich...When a prosecutor
wants to shift focus away from himself, they choose a GJ. It is an easy way to charge someone without them being accountable. They always say, the GJ recommended charges and act like they had little to do with that issue. Easy way out IMO.
wants to shift focus away from himself, they choose a GJ. It is an easy way to charge someone without them being accountable. They always say, the GJ recommended charges and act like they had little to do with that issue. Easy way out IMO.
The comment was originally made by Sol Wachtler and quoted by Tom Wolfe in Bonfire of the Vanities.
http://en.wikipedia.org/wiki/Ham_sandwich#Cultural_impact
http://en.wikipedia.org/wiki/Ham_sandwich#Cultural_impact
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