The Grand Jury would have had no reason or opportunity to disagree with my opinion explained above.
Grand juries only address the sufficiency of evidence to bring charges. They have no role in determining the constitutionality or appropriateness of proposed charges on any other basis.
Moreover, a grand jury indictment is rather easy to obtain.
There are 23 jurors on a grand jury in New York.
The prosecutor presents the evidence *and* tells the jury what the law is.
The grand jury has no expertise in the requirements of Constitutional Due Process, and no basis or ability to judge the correctness of the prosecutor’s instructions on the law.
There is no judge present.
There is no other attorney present (except in rare circumstances).
No one speaks on behalf of the person(s) targeted.
The grand jury only decides whether there is “probable cause” (or in other words, whether there is “a reasonable basis for prosecution based on objective facts that the defendant likely committed a crime“), based on the law as explained by the prosecutor and the evidence as presented by the same.
Of the 23 grand jurors, only a bare majority (12/23) have to vote in favor to bring charges.
There is a reason Tom Wolfe, in Bonfire of the Vanities, could plausibly “quote” New York State chief judge Sol Wachtler as saying that "a grand jury would 'indict a ham sandwich,' if that's what you wanted."
"The prosecutors should never have brought such a case."
The Grand Jury disagreed with your opinion on that matter.
The Grand Jury would have had no reason or opportunity to disagree with my opinion explained above.
Grand juries only address the sufficiency of evidence to bring charges. They have no role in determining the constitutionality or appropriateness of proposed charges on any other basis.
Moreover, a grand jury indictment is rather easy to obtain.
There are 23 jurors on a grand jury in New York.
The prosecutor presents the evidence *and* tells the jury what the law is.
The grand jury has no expertise in the requirements of Constitutional Due Process, and no basis or ability to judge the correctness of the prosecutor’s instructions on the law.
There is no judge present.
There is no other attorney present (except in rare circumstances).
No one speaks on behalf of the person(s) targeted.
The grand jury only decides whether there is “probable cause” (or in other words, whether there is “a reasonable basis for prosecution based on objective facts that the defendant likely committed a crime“), based on the law as explained by the prosecutor and the evidence as presented by the same.
Of the 23 grand jurors, only a bare majority (12/23) have to vote in favor to bring charges.
There is a reason Tom Wolfe, in Bonfire of the Vanities, could plausibly “quote” New York State chief judge Sol Wachtler as saying that "a grand jury would 'indict a ham sandwich,' if that's what you wanted."