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2 Duke City Officers Charged With Murdering James Boyd

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  • 2 Duke City Officers Charged With Murdering James Boyd

    http://www.sfgate.com/news/crime/art...in-6009611.php



    I don't know if these charges are due to the recent backlash of officer involved shootings with "unarmed victims" where the officers are no billed by grand juries or just from the evidence presented. I was firm in my beliefs in this forum and another police forum that this was a bad shoot from my tiny vantage point of the video. Again, not saying it wasn't justified, just that it didn't look justified from the video I've seen. Prayers to the officers and their families to get through this mess.

  • #2
    Proving once again that left to our own devices, we police our own profession. This incident was investigated and a decision was made to prosecute, based on the merits of the case not the outcry of the masses.

    Now a judge/jury will hear the evidence and make a decision.

    I don't know the facts, or for that part even the tangential facts of the case-----I am not judging but this is NOT an anti-cop area so I have a feeling the prosecution has something to go on.

    Good luck to the officers involved during the rest of the proceedings.
    Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

    My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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    • #3
      I have one major problem with this prosecution. The prosecutor bypassed the grand jury and is prosecuting it without one. If the evidence was there, why not present it to the grand jury?

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      • #4

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        • #5
          Originally posted by Cannady View Post
          I have one major problem with this prosecution. The prosecutor bypassed the grand jury and is prosecuting it without one. If the evidence was there, why not present it to the grand jury?
          A grand jury is a tool to investigate crime, among other things. It serves a "watchdog" function to oversee local government entities, and issues annual reports concerning their oversight. They are useful where the identity of witness must be kept confidential and where witnesses will not cooperate, or are of doubtful credibility and there is a need to preview their testimony before deciding whether to charge. Grand juries are not required where the evidence is clear, the witnesses credible, and none of the above reasons for confidentiality are present. Grand juries only determine whether there is probable cause to believe a crime has been committed and, if so, by whom. Public prosecutors have concurrent power, authority and discretion. Grand juries are not needed nor legally required to institute formal adversarial proceedings in 99.9% of felony prosecutions
          Last edited by LawyerCop; 01-12-2015, 07:06 PM.
          T.K.
          http://tonykoester.blogspot.com/

          "Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence" (Mr. Justice Stewart, Elkins v. United States 364 U.S. 206 (1960)

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          • #6
            I can't tell you about New Mexico, but in California, criminal grand juries are almost never used. Preliminary hearings replaced indictments many decades ago. About 20 years ago, GJIs were reauthorized, but are hardly ever done. The DA makes the decision whether or not to file charges. The first stage of review is the judge at the preliminary examination.
            Government is not the solution to our problem; government is the problem. - Ronald Reagan

            I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

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            • #7
              Originally posted by Cannady View Post
              I have one major problem with this prosecution. The prosecutor bypassed the grand jury and is prosecuting it without one. If the evidence was there, why not present it to the grand jury?
              If the evidence was there--------------why would a prosecutor need to present it to a grand jury?


              Originally posted by ateamer View Post
              I can't tell you about New Mexico, but in California, criminal grand juries are almost never used. Preliminary hearings replaced indictments many decades ago. About 20 years ago, GJIs were reauthorized, but are hardly ever done. The DA makes the decision whether or not to file charges. The first stage of review is the judge at the preliminary examination.

              In Iowa the only time they are used is for political purposes. Either the prosecutor doesn't want to make a decision on a controversial case or doesn't have enough evidence to charge in that controversial case and wants to let the jury make the call
              Last edited by Iowa #1603; 01-12-2015, 07:23 PM.
              Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

              My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

              Comment


              • #8
                Here our grand jury meets every month and basically every felony case goes thru it from murder to the minor stuff.

                Comment


                • #9
                  In both districts I testify in down here I don't know of a felony case that hasn't gone through a grand jury to proceed. I'm not sure about New Mexico either, however, this is the first case of that prosecutor not using a grand jury. Also we'll take a look at these things.

                  The decision to bring murder charges occurred at a time when police tactics are under intense scrutiny nationwide, fueled by the fatal shooting of an unarmed 18-year-old in Ferguson, Missouri, and the chokehold death of another unarmed man in New York City. Grand juries declined to charge officers in those cases, leading to large protests.

                  Acknowledging the frustration over the secrecy of the proceedings in those cases, the Albuquerque district attorney said she would bypass the grand jury process and instead present the murder case to a judge at a preliminary hearing that will be open to the public.

                  "Unlike Ferguson and unlike in New York City, we're going to know. The public is going to have that information," District Attorney Kari Brandenburg said.
                  http://abcnews.go.com/US/wireStory/l...lling-28168619

                  I think we should probably also consider the complete political angle since she's being investigated by APD for bribery after paying a victim off of the record for a firearm stolen by her son in a burglary of that person's residence.

                  http://www.koat.com/news/lapel-video...-case/30148164

                  I guess it should be noted and has been skipped over that she still has to go before a judge and give the probable cause to the judge for the charges rather than a grand jury in a "preliminary hearing".

                  I'd recommend anyone who has an opinion on the matter in either direction to read this article as well.

                  http://www.lawofficer.com/article/li...nt-kill-people

                  Comment


                  • #10
                    Originally posted by Cannady View Post
                    In both districts I testify in down here I don't know of a felony case that hasn't gone through a grand jury to proceed. I'm not sure about New Mexico either, however, this is the first case of that prosecutor not using a grand jury. Also we'll take a look at these things.



                    http://abcnews.go.com/US/wireStory/l...lling-28168619

                    I think we should probably also consider the complete political angle since she's being investigated by APD for bribery after paying a victim off of the record for a firearm stolen by her son in a burglary of that person's residence.

                    http://www.koat.com/news/lapel-video...-case/30148164

                    I guess it should be noted and has been skipped over that she still has to go before a judge and give the probable cause to the judge for the charges rather than a grand jury in a "preliminary hearing".

                    I'd recommend anyone who has an opinion on the matter in either direction to read this article as well.

                    http://www.lawofficer.com/article/li...nt-kill-people

                    Depends on the jurisdiction here in New Mexico, but 75% of the felony level cases I've seen go through a Grand Jury. Looks like the DA in this case is looking for transparency. As LawyerCop stated, Preliminary Hearings are much more open and less secretive....Which is exactly what a high profile case like this one needs.

                    Thoughts and prayers to the families on both sides.

                    Comment


                    • #11
                      Side question do grand jury's get selected the same way a regular jury is selected?

                      Comment


                      • #12
                        Originally posted by that's my hand View Post
                        Side question do grand jury's get selected the same way a regular jury is selected?
                        Yes. Same jury pool. Although typically if you serve on a Grand Jury, you get excused from petite(regular) jury duty for longer than if you got called for regular jury duty.
                        “Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on.” - Robert F. Kennedy.

                        Comment


                        • #13
                          Apparently some of the DA's prosecuter's are now persona non grata at the APD.

                          http://krqe.com/2015/01/13/da-my-off...investigation/
                          Atlanta & Los Angeles

                          Comment


                          • #14
                            Originally posted by that's my hand View Post
                            Side question do grand jury's get selected the same way a regular jury is selected?
                            Iowa---yes

                            In my county the Grand Jury will be empaneled and then meet twice - Once to tour the county jail and once to tour the state penitentiary.

                            They "serve" for the calendar year, but that is about all they do. UNLESS--------something happens and the prosecutor decides to send them a case. (Hasn't happened for several years in my county)
                            Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                            My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

                            Comment


                            • #15
                              NYCDEP.......Exemption from jury duty is the same whether serving on Grand Jury or Petit Jury. Also, in NY DA can bring charges without a GJ indictment. Almost never done, unless part of a plea deal. ADAs abhor probable cause hearings because they have basically do the trial before the judge and the if the case is held over it the ADA has to do it again before the jury. Second time the defense has had an opportunity to prepare an attack on the people's case.

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