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  #11  
Old 12-22-2014, 02:46 PM
finnbow's Avatar
finnbow finnbow is offline
Reformed Know-Nothing
 
Join Date: Oct 2009
Location: MoCo, MD
Posts: 26,554
Quote:
Originally Posted by Gusjay Gupta View Post
The DA brought the case to the grand jury as the completion of his dog and pony show.

And Justice Scalia - one of the dudes on the Supreme Court - happens to agree with me:

http://thinkprogress.org/justice/201...on-grand-jury/

As do many other legal scholars whose opinions you can find through Google.
It seems to me that you're mixing up the right of a suspect to testify before a grand jury with the right of a DA to call him as a witness. As noted in the Federal Jury grand jury instructions linked above:

It is the responsibility of the grand jury to weigh the evidence presented to it in order to determine whether this evidence, usually without any explanation being offered by the accused ...

Unfortunately, there was nothing usual about this case. There was rioting, looting and gunfire in the streets due to the "hands up, don't shoot" meme created by people who didn't see the shooting (read the article) and subsequently also offered up by "witnesses" to the grand jury.

Like it or not, given the evidence in this case, the DA had two choices - not bringing it to the grand jury (as he didn't believe that there was probable cause) or bringing it before the grand jury as he did due to public pressure. I'm guessing you'd be bitching even louder if he did the former rather than the latter.
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