What function does a grand jury serve? Does replacement of the indictment function of grand juries at the state level with prosecutors authorized to charge crimes by filing sworn information impair the rights of citizens charged with crimes? 2
What function does a grand jury serve? Does replacement of the indictment function of grand juries at the state level with prosecutors authorized to charge crimes by filing sworn information impair the rights of citizens charged with crimes?
Grand jury is in charge of official proceeding, investigating potential criminal conduct and evaluating the necessity of criminal charges. It does not impair the right of citizens charged with crimes as grand jury finds a probable clause. In case the grand jury is not required this function is served by a judge. In most of the cases a sworn information is filed by a prosecutor and judge reviews it to find a probable cause.
Regardless of the case, in all criminal prosecutions, those who are accused have the right for speedy and public trial. This trial should be conducted by an impartial jury of the State and district where the crime has been committed. Accused should be informed about the nature and cause of the accusation. Accused have the right be confronted with the witnesses against them. Accused have the right for compulsory process of finding the witnesses in their favor and to have assistance of the Counsel for their defense.
What factors should a judge consider in determining whether to sentence a convicted felon to prison?
When deciding for the sentence, a judge takes these main factors into account:
Whether the offender had offence history or if it was the first time
Whether the offender was main in crime or accessory (helping main offender)
Whether the crime has been committed under a great personal stress
Whether any one was hurt and whether the crime has been committed in a manner that no one was likely to be hurt.
Whether the offender was particularly cruel or destructive.
Sometimes, judge may take into account whether the offender is genuinely remorseful to what he has done
