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Started By
Message
re: How is a grand jury impaneled in La.?
Posted on 9/20/11 at 12:14 pm to Navytiger74
Posted on 9/20/11 at 12:14 pm to Navytiger74
In Louisiana, grand juries consist of 12 people plus two alternates who are impaneled twice a year and have to serve for at least four months. I'm fairly certain the 19th Grand Juries serve for six month periods.
0
Posted on 9/20/11 at 12:15 pm to jrodLSUke
quote:
Does anyone know who will present the prosecution's case to the grand jury?
Probably the division head of whichever division the case sits.
quote:
Will it be Moore III or some assistant DA?
Probably a division head, not Moore
quote:
Does the DA always present to the grand jury?
No.
quote:
An finally, how many bar fights has Moore III taken to the grand jury in the past?
Probably zero.
But he's doing the right thing here.
Posted on 9/20/11 at 12:17 pm to LSU NO Tigah
quote:
Found this: Art. 414. Time for impaneling grand juries; period of service A. A grand jury shall be impaneled twice a year in each parish, except in the parish of Cameron in which at least one grand jury shall be impaneled each year. B. In parishes other than Orleans, the court shall fix the time at which a grand jury shall be impaneled, but no grand jury shall be impaneled for more than eight months, nor less than four months, except in the parish of Cameron in which the grand jury may be impaneled for a year. C. In Orleans Parish, a grand jury venire shall be drawn by the jury commission on the date set by the presiding judge. On the next legal day following the drawing, the jury commission shall submit the grand jury venire to the presiding judge, who shall impanel the grand jury. A grand jury in Orleans Parish shall be impaneled on the first Wednesday of March and September of each year. D. A grand jury shall remain in office until a succeeding grand jury is impaneled. A court may not discharge a grand jury or any of its members before the time for the impaneling of a new grand jury, except for legal cause. Acts 1985, No. 675, §1. LINK
Thanks a bunch.
Posted on 9/20/11 at 12:18 pm to Antonio Moss
quote:
But he's doing the right thing here.
Procedurally, ethically or politically? And 2 out of 3 isn't necessarily good.
Posted on 9/20/11 at 12:18 pm to Navytiger74
quote:pretty sure Just Me is in the Atlanta area
I was hoping for Just Me or one of the other BR Attorneys to chime in.
Posted on 9/20/11 at 12:21 pm to nycajun
quote:
Procedurally, ethically or politically? And 2 out of 3 isn't necessarily good.
Politically and probably procedurally due to the media attention.
Posted on 9/20/11 at 12:22 pm to Antonio Moss
quote:
Politically and probably procedurally due to the media attention
That's kinda what I thought, too. Too bad about the ethical thing.
Posted on 9/20/11 at 12:25 pm to nycajun
quote:
Too bad about the ethical thing.
I don't think we can make a judgment on the ethics of the decision.
If Moore or the ADA tasked with making the decision whether to submit a bill on the charge feels as if they cannot make an unbiased decision, then they would have an ethical duty to submit the matter to the Grand Jury.
I have no idea whether Moore or the ADA feel this way or not.
Even if they feel like they could make an unbiased decision, there is nothing, ethically speaking, prohibiting them from still submitting the matter to the Grand Jury.
Posted on 9/20/11 at 12:38 pm to Antonio Moss
quote:I don't want to question Hillar's ethics. I don't know all of the facts, so I can't question his ethics in this situation.
Even if they feel like they could make an unbiased decision, there is nothing, ethically speaking, prohibiting them from still submitting the matter to the Grand Jury.
However, if an ADA feels like he could make an unbiased decision, sending it to the grand jury might be Ethical, but it wouldn't be ethical.
Posted on 9/20/11 at 12:40 pm to just me
quote:
if an ADA feels like he could make an unbiased decision, sending it to the grand jury might be Ethical, but it wouldn't be ethical.
My sentiments as well.
Posted on 9/20/11 at 12:43 pm to just me
quote:
However, if an ADA feels like he could make an unbiased decision, sending it to the grand jury might be Ethical, but it wouldn't be ethical.
Not sure I agree.
The DA and the GJ share the responsibility of levying charges against accused in the criminal justice system.
It may be "passing the buck" in this case, but it isn't unethical.
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