Grand Juries the Purpose of Discussion Chapter

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Moreover, because of the secrecy surrounding the grand jury system, there is a very real concern that a defendant may not have the opportunity to actually confront his accusers. While improper evidence may not come in at trial, it is a fallacy to assume that simply protecting someone from conviction is protecting him or her from all of the possible negative effects of an improper indictment. The very real time, expense, and risk of trial means that even an actually innocent person who is indicted may consider a plea bargain rather than face the risk of trial.

While there is some merit to the idea that grand juries listen to prosecutors, individual grand juries behave in different manners. Some of them simply act as rubber stamps for prosecutors, while other grand juries more carefully consider the charges before them. However, the secrecy surrounding the proceedings makes it difficult to know the details surrounding a particular grand jury. Therefore, while the criticism may not appropriately apply to every grand jury, there certainly appears to be merit in the criticism.

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Trial Continuances

1. There are a number of reasons that a defendant may seek several continuances. First, the defense may need more time to investigate the crime, seek out its witnesses, and generally prepare a defense. This is particularly true if the defense will be an affirmative one, which requires the defendant to bear the burden of proof. Second, the more continuances the defense seeks, the less likely it is that the state will be able to produce all of its witnesses, which weakens the case against the state. Finally, public outrage against the alleged crime lessens over time, so that a defendant who.....

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