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Politics : Formerly About Advanced Micro Devices

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To: combjelly who wrote (819493)11/27/2014 11:21:01 PM
From: i-node  Read Replies (1) of 1586314
 
>> Actually, the way that grand jury was handled was very different than the way they usually are handled. So our system generally operates differently.

Actually, the prosecutor has a great deal of discretion. And, the way grand juries operate in general is often different from the way the operate in police shootings. The fact that indictments are commonly NOT returned by grand juries in police shootings (whereas they ARE almost always returned in other shootings) should make this point clear.

There could be a lot of explanations for it; but there are different standards of "self defense" for police officers involved in an arrest using deadly force. While the ordinary person in Missouri is required to avoid the use of deadly force, police officers are NOT required to avoid the use of deadly force is someone engaged in an assault is trying to flee to avoid arrest.

While the standards of proof in a grand jury are very weak (thus the "ham sandwich" remark), the prosecutor may -- if he chooses -- present exculpatory evidence.

Normally, when a prosecutor goes before a grand jury he is seeking an indictment. In a high-profile case like a politically-charged police shooting, it is not unusual for a prosecutor who is seeking only an impartial determination to go the grand jury and president ALL the evidence.

Prosecutors ROUTINELY decline to prosecute homicide suspects on the basis of self-defense or even on insufficient evidence. They could go before a grand jury to get a ham sandwich indictment, but what is the point if it isn't going to hold up in a court of law?

This prosecutor appears to have been seeking a fair determination that could not be accused of bias. It is what he got. And the people shouting "bias" today are, as far as I can tell, liberals. Huffington Post, Daily KOS, MSNBC, they are crawling out of the woodwork. Politicizing this event is pathetic as it constitutes further incitement to idiots who have no respect for the law.
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