Grand Juries-A free for all for unethical prosecutors.

Most folks are not aware of the difference between Grand Jury proceedings and Probable Cause hearings.

The Indictment Process

If a criminal case has not been downgraded, diverted, dismised, or pled out the prosecutor will present the case to a grand jury for an indictment. The grand jury is composed of a group of citizens who have been selected from voter registration lists. It is their civic duty to serve. They consider evidence presented by the county prosecutor and determine if there is sufficient evidence to formally charge the defendant and oblige him to respond to the charge(s). The indictment is not a finding of guilt or a conviction. Neither the accused or his attorney are present. Witnesses may testify regarding the crime. Defendants may testify, however, if they are requested to attend and elect to surrender their right against self incrimination as guaranteed by the constitution. After considering the prosecutor's evidence and the testimony of witnesses, if a majority of the 23 jurors vote to indict the defendant, he must face further criminal action. This finding is a true bill that triggers further proceedings in the Criminal Superior Court. If a majority finds the evidence to be insufficient to indict, the grand jury enters a no bill and the charge(s) are dismissed. The jury may, however, decide to charge the defendant with a less serious offense, to be heard in municipal court. In this instance, the offense has been downgraded or remanded. The accused must appear in municipal court to face a disorderly persons or petty disorderly persons charge.

Probable Cause 

Probable Cause Hearing is a hearing held in a criminal case to determine if sufficient evidence exists to prosecute an accused. This hearing is held before a judge having jurisdiction over the case. The probable cause hearing must be conducted within 60 days from the date of filing of the complaint or information in superior court. Any change to this period takes place if the accused person waives the time or the court grants an extension based on reasonable ground.

In a Grand Jury proceeding, the defense is not allowed to respond, let alone be in attendance. Obtaining transcripts of these proceedings, by the defense, is ONLY through petitioning the court for an order to have them released. Your lawyer gets denied? You're SOL. As opposed to a Probable Cause hearing, where the defense and the defendant are both present.

In a Grand Jury proceeding, the "evidence" can be skewed, made up and is wholly uncontested. Witnesses are presented as "credible" witnesses at a Grand Jury hearing, yet, these same "credible" witnesses will never be heard from during trial because they are NOT credible.

It is completely opposed to the adversarial system the courts are set up to be. There is NO adversary and if someone perjures themselves, no one is there to point it out. No one is there to refute what is being presented.

I know, where I live, it's been over 100yrs since anyone charged with murder has had a probable cause hearing. Mostly because it is far easier to obtain an indictment than it is to prove they have enough evidence to hold someone on a charge.

I say we scrap the whole gawddamned Grand Jury system and stick to probable cause.