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https://www.bostonlawyerblog.com/supreme-judicial-court-imposes-limited-obligation-on-prosecutors-to-instruct-grand-juries-in-murder-cases-on-legal-implications-of-exculpatory-evidence/
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Supreme Judicial Court Imposes Limited Obligation on Prosecutors to Instruct Grand Juries in Murder Cases on Legal Implications of Exculpatory Evidence
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The grand jury is a centuries-old institution, dating back at least to the Magna Carta in England, and enshrined in both state and federal constitutions in this country. In order to charge someone with a felony, a prosecutor must present sufficient evidence to a group of ordinary citizens to establish probable cause that the defendant committed the crime. The grand jury is both an investigative body – the grand jury has the power to issue subpoenas, typically at the prosecutor’s suggestion – and a check on the authority of the prosecutor. The felony prosecution cannot proceed if the grand jurors vote a “no bill” and refuse to indict. However, the grand jury’s deliberations are not adversarial like a trial before a judge or a petit jury. The defendant has no right to be present at the grand jury, or to have counsel participate or cross-examine witnesses. It is not open to the public. An indictment can be based on hearsay or other evidence that would not be ...
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https://www.bostonlawyerblog.com/author/zalkindlaw11/
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