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Hello,
Sometimes they arrest a person.
Sometimes they do this thing called: indict.
Sometimes a grand jury is called.
Sometimes it isn't.
Could someone please explain?
Thanks
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"Mr. X" <greenbaboon1@cox.net> wrote in news:MT%hc.19790$432.5633
@fed1read01:
Hello,
Sometimes they arrest a person.
An arrest is a detention of a person based upon probable cause that he
committed a crime or some other statutory provision.
Sometimes they do this thing called: indict.
An indictment is charging of a person with a crime. It is done either by
the district attorney or a grand jury.
Sometimes a grand jury is called.
Some states and the federal government use grand juries and others do not.
Some use grand juries only for certain classes of offenses. There is a
constitutional right to a grand jury in federal criminal cases, but this
right has not been carried to state criminal cases via the Due Process
Clause in the manner of other constitutional rights.
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Najena <najena@coldmail.com> wrote in
news:Xns94D4CF65B5DCFnajenahotmail@64.62.191.200:
An indictment is charging of a person with a crime. It is done either
by the district attorney or a grand jury.
Err, that should read:
An indictment is the charging of a person with a crime, meaning that there
is enough evidence presented by the prosecutor to show that there is
probable cause that the defendant committed the crime. It is done by a
judge, magistrate, or grand jury.
If the jurisdiction uses a grand jury, the grand jury will decide whether
there is enough evidence to hold the defendant for trial, or to dismiss the
charges. If it doesn't use a grand jury, the judge or magistrate will make
that determination.
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"Mr. X" <greenbaboon1@cox.net> wrote in news:MT%hc.19790$432.5633
@fed1read01:
An arrest is a detention of a person based upon probable cause that he
committed a crime or some other statutory provision.
An indictment is charging of a person with a crime. It is done either by
the district attorney or a grand jury.
So... why is it with high profile cases do I hear the word: indict.
Are you saying that if Joe Blow down the street robs the liquor
store and is arrested and later charged... that that CHARGING is
the same as an INDICTMENT (of, say, Ken Lay, or Michael Jackson)?
(Do not mean to be combative... I am trying to understand... please forgive
the tone of my language)
Sometimes a grand jury is called.
Some states and the federal government use grand juries and others do not.
Some use grand juries only for certain classes of offenses. There is a
constitutional right to a grand jury in federal criminal cases, but this
right has not been carried to state criminal cases via the Due Process
Clause in the manner of other constitutional rights.
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On Sat, 24 Apr 2004 09:12:40 -0700, "Mr. X" <greenbaboon1@cox.net>
wrote:
Sometimes they arrest a person.
An arrest is a detention of a person based upon probable cause that he
committed a crime or some other statutory provision.
Often "arrest" and "detain" are distinct. For example, a cop may
detain a person (stop him) without arresting him, which usually
entails taking him into custody. For example, see the California
definition:
"An arrest is taking a person into custody, in a case and in
the manner authorized by law. An arrest may be made by a peace
officer or by a private person."
Calif. Penal Code sec. 834.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=82617217569+0+0+0&WAISaction=retrieve
OTOH, for the purpose of analyzing whether a cop has violated a
person's 4th amendment privilege against seizure, a detention would
still be considered a seizure, although a brief seizure would be less
invasive than being taken into custody and is subject to different
rules.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
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Bob Stock <xxx@x.com> wrote in
news:367l80d2a831v33brq19m8jbtmee8so2r0@4ax.com:
On Sat, 24 Apr 2004 09:12:40 -0700, "Mr. X" <greenbaboon1@cox.net>
wrote:
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"Mr. X" <greenbaboon1@cox.net> wrote in
news:Jnwic.20414$432.15545@fed1read01:
I significantly corrected that paragraph in a follow-up article.
So... why is it with high profile cases do I hear the word: indict.
Are you saying that if Joe Blow down the street robs the liquor
store and is arrested and later charged... that that CHARGING is
the same as an INDICTMENT (of, say, Ken Lay, or Michael Jackson)?
Joe Blow robs the liquor store. He gets arrested (presumably a
warrantless arrest). The police or district attorney charges him (this
isn't the indictment yet).
He then goes to a proceeding (which in my state is called the
arraignement, but this definition can vary slightly from state to state)
where the charges against him are formally read to him. No plea is
entered yet. Bail may or may not be set at this time.
Then, if this is an indictable offense in a grand jury state, the
prosecutor presents his prima facie case to the grand jury. If the grand
jury feels there is probable cause that Joe Blow committed the charged
crimes, it indicts him, and he stands trial.
If this is not an indictable offense, or not a grand jury state, he goes
before a judge or magistrate in what my state calls a preliminary
hearing. The prosecutor presents his prima facie case to the judge or
magistrate, who then decides if there is probable cause that Joe Blow
committed the charged crimes.
Be advised that this procedure can vary slightly from state to state
based upon that state's rules of criminal procedure, but US
Constitutional law has time limit guidelines for the hearings, esp. the
probable cause hearing.
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