Why does defendant not get to make a statement before the complaint goes before the grand jury?
I thought in America you were innocent until proven guilty
- DriverLv 71 decade agoFavorite Answer
I actually just finished a 6-month term on a grand jury. At first I thought it was strange that we only heard one side of the story, but it's really okay since the grand jury is not making any final decisions, it's just giving the prosecution the okay to go ahead with the case.
The function of the grand jury is to determine if there is probable cause for the case to go forward (and possibly through the regular trial system). It is not to determine guilt. As the prosecutors explained it to us, in a regular (petit) jury, you have to prove guilt beyond a reasonable doubt. In a grand jury, you just have to decide that it's more likely than not that the person did it. Also, we didn't all need to agree. We had 23 people on the grand jury, and only had to have agreement of 12 people to sign off on a charge.
- balliewLv 44 years ago
a lot of those questions are so poorly worded that there is not any single "maximum concepts-blowing" answer, i.e., better than one answer is right, or not one of the solutions is right. working example, some states (at the same time with large apple) have a "acceptable court docket" because of the fact the 1st trial court docket, while others could call the trial court docket of first motel some thing else. in addition, "preponderance of the evidence" arises in the two criminal and civil trials (e.g., the place a criminal tries to tutor an affirmative protection by ability of a preponderance). very final occasion, #20, the respond is a, b, and c. As an exciting area-word on #11 answer selection (b), evaluate that Michael Skakel (nephew of the previous due Robert F. Kennedy) replaced into convicted on the age of 40 for a homicide committed while he replaced right into a juvenile and one in all his grounds for attraction replaced into that he ought to have been tried in the juvenile court docket because of the fact he replaced into 15 on the time of the homicide. Why not write a paper with a legal diagnosis if each question and each answer, exhibiting why this workout is improper in the severe, and placed up it to the so-called "instructor" for extra credit?
- RichieLv 61 decade ago
Because as the defendant, they have to first know what you're being charged with. It's a follow of reason. And it's not like after hearing the complaint they're just gonna make a judgement before the defense has a chance to retort.
- Anonymous1 decade ago
Hopefully the lawyer for the defendant is smarter than the defendant and convinces him not to.
The fact that you are innocent until proven guilty is EXACTLY why making a statement before you are required to testify would be royally stupid.
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- 1 decade ago
I'm pretty sure they have to get evidence to prove them guilty before the grand jury so technically they were already proven guilty.
- 1 decade ago
I agree with citicop for the most part. But in all actuality your case has to be heard before a grand jury usually in high crimes. What ever it was that you did to get where you are going, I hope if you are innocent that you can prove it. This grand jury thing usually has to do with guns and drugs and other things of this nature. Not good for you if you are innocent, that's for sure.Source(s): Law Sciences
- CiticopLv 71 decade ago
The Grand Jury only looks to see if there is probable cause. It does not decide guilt or innocence.
And usually, the suspect DOES have the chance to make his case to the police. But they may choose not to do so.Source(s): 9+ years Law Enforcement
- rabidkittyLv 71 decade ago
Citi cop nailed it.
- firewomenLv 71 decade ago
The attorney makes the statement for them.* That is why he was hired.*