What a shit hole state
News
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
At least the grand jury had their heads on straight and realized how stupid the whole thing was.
If only a Grand Jury could do something about a prosecutor clearly overstepping with charges like this in the first place.
The grand jury is just an arm of the prosecutor. The old joke is that if the prosecutor wanted them to, the grand jury would indict a bologna sandwich for murder. More often than not, the GJ is used for political purposes, when it would be politically inconvenient for the attorney general (who is typically elected) to decide whether or not to prosecute someone.
Basically, the grand jury has two big caveats that make them easy to sway. First, there’s no defense attorney; The GJ is deciding whether or not there’s enough evidence to even accuse someone of a crime. Since nobody has been accused yet, there is no crime to defend against, and no defendant to hire a defense. So the only side that the GJ sees is the prosecutor’s.
Second, the prosecutor has full control over what evidence is the GJ is allowed to see. They can decide to exclude exculpatory evidence that would otherwise prove the suspect’s innocence. So even if the prosecutor knows the person is innocent, they can decide to exclude that evidence and get an indictment anyways. There are also much lower standards for evidence, because it doesn’t need to be admissible in court; The GJ isn’t a courtroom, after all. It’s the court’s job to decide if evidence is fair for a trial. But the prosecutor can just write “lol yeah I def did it, signed [suspect]” on a sticky note, tell the GJ that it’s evidence, and the GJ would need to accept it as evidence. Because again, the prosecutor has full control over what evidence the GJ is allowed to see.
So getting an indictment is extremely easy, but so is avoiding one; Since the prosecutor has full control over the evidence, they can just choose to not show any evidence and force the grand jury to rule based on that. And of course, they’ll refuse to indict based on the lack of evidence.
Again, the district attorney usually uses the GJ as a shield when it would be politically inconvenient to decide whether or not to charge someone. Maybe a cop killed someone and the public is out for blood. But the DA wants to maintain good relations with the cops. So they use the GJ as a shield; They don’t bring any evidence to the GJ, and the GJ is forced to refuse indictment. Now the DA can hide behind the GJ going “Aww I tried to prosecute them, but the big bad GJ refused to indict.” Now they look like a hero to the people for trying (which helps them maintain their position as an elected official) and they get to keep good relations with the cops. Alternatively, maybe they want to charge someone popular. They can mount a strong case for the GJ, force an indictment, then go “aww sorry guys. I didn’t want to prosecute them, but the big bad GJ has forced my hand.” In both cases, the DA is able to use the nameless faceless grand jury as a shield.
In this particular case, it was an overzealous judge who wanted to charge the lady. The district attorney didn’t want to refuse the judge outright. So the DA simply refused to bring any evidence before the GJ. The GJ was forced to refuse indictment, because they had no evidence to indict. Prosecutor is able to go “sorry I tried” while hiding behind the GJ and saving face with the judge.
Right up there with Texas, Florida, and Alabama.
Let's not forget Tennessee and all the other heartbeat states
no illicit drugs were present
I'm deeply afraid that this might have turned out differently if she had even something as simple as cannabis in her system.
Ohio has legalized marijuana, so it should not be considered illicit.
"Decided." I wonder how much deliberating they actually had to do, or if they immediately just turned around and said fuck that shit.
Assistant prosecutor Lewis Guarnieri argued to have the case move forward, which was agreed to by Warren Municipal Court Judge Terry Ivanchak.
Name and shame these monsters.