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The grand jury has been criticized, however, as ineffective in protecting the rights of the accused. In the words of Sol Wachtler, a former Chief Judge of the New York Court of Appeals, a grand jury would indict a ham sandwich if the prosecutor asked it to do so. [7] The decision was "reaffirmed in numerous cases" in the early 20th century. [8]
Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6–2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt.
Unlike a petit jury, which resolves a particular civil or criminal case, a grand jury (typically having twelve to twenty-three members) serves as a group for a sustained period of time in all or many of the cases that come up in the jurisdiction, generally under the supervision of a federal U.S. attorney, a county district attorney, or a state ...
A California man was indicted by a federal grand jury in Atlanta on charges of threatening Fulton County District Attorney Fani Willis, the U.S. Attorney's Office for the Northern District of ...
California (1884), the Supreme Court held that the Grand Jury Clause was not incorporated to apply to the states by the Fourteenth Amendment. [20] If the grand jury right attaches, every element of the charged crime must be submitted to the grand jury. [21] Thus, the prosecution cannot augment the indictment without returning to a grand jury. [22]
The grand jury would then appoint the complaining party to exercise essentially the same authority as a state attorney general has, that is, a general power of attorney to represent the state in the case. [19] The grand jury served to screen out incompetent or malicious prosecutions. [20]
The People of the State of California v. Orenthal James Simpson was a criminal trial in Los Angeles County Superior Court, in which former NFL player and actor O. J. Simpson was tried and acquitted for the murders of his ex-wife Nicole Brown Simpson and her friend Ron Goldman, who were stabbed to death outside Brown's condominium in Los Angeles on June 12, 1994.
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.