Re:Carmen Ortiz Has Blood on Her Hands (2013)
by tiahura on Thursday December 16, 2021 @12:39AM
(#29575322)
In most cases grand juries are optional. The prosecutor does not need to use a grand jury to file charges. So, prosecutors use the grand jury as a way to pass the buck.
They are not (tv news cycle nuttiness aside)used to railroad the innocent.
As the old saying goes, a grand jury would indict a ham sandwich if the prosecutor told them to.
Edit: I'm not sure how many are aware of how grand juries work.
The prosecutor presents evidence, but the defense is generally not allowed to present any evidence (the defense isn't even allowed to be in the room unless they are explicitly summoned). Grand jury proceedings are secret. If there is an indictment, the defense will not even be allowed to see what evidence was used.
Thus, it's not surprising that a manipulative prosecutor can sometimes get a grand jury to issue an indictment based on flimsy evidence, leading to the saying about them being persuaded to "indict a ham sandwich".
Most common law countries abolished grand juries long ago, and about half of the U.S. states no longer use them at all (even though they are still technically allowed).