Charges Against Taylor: Sit Tight, It's Not Over Yet

monk81

I wish Sean Taylor would just get his act together and show up at Redskin Park on time for training camp..............

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mooby

well he can't now that he's excused. i have a great idea, why don't we make a sean taylor forum, where everyone can talk about everything from his play last year to his legal troubles in the offseason.

TheMalcolmConnection

Wwmd.

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PSUSkinsFan21

While I am not intimately familiar with the particulars of West Virginia law, I'm sorry but you, paulskinsfan, are actually the one that is wrong here. Ramseyfan is right. The main purpose of a grand jury is to act as an investigation for the prosecution. It becomes particularly useful when a police investigation is not sufficient to gather evidence, because the grand jury has a subpoena power that the police do not have. For this reason, the types of cases that hinge on documentary evidence (i.e. corruption, other white collar crimes) are typically best suited for grand jury testimony. To say that "every single felony charge, is decided upon by a grand jury" is just flat wrong in any jurisdiction I've seen. There is no constitutional right to a grand jury and I'm aware of no state that requires the prosecution to submit a case to the grand jury before filing charges and proceeding with prosecution.

I know it's not in our nature to admit when we are wrong, but I think everyone interested in this thread should know that Ramseyfan got it right.

ps. If you'd like my bar ID #, I too will be happy to provide it.

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"Hail to the Redskins!" and "Fight on State!"

PSUSkinsFan21

Well, like I said:
"To say that "every single felony charge, is decided upon by a grand jury" is just flat wrong in any jurisdiction I've seen. There is no constitutional right to a grand jury and I'm aware of no state that requires the prosecution to submit a case to the grand jury before filing charges and proceeding with prosecution."

I don think I'm actually wrong if you look at what I said. I said I wasn't aware of any jurisdiction in which grand jury testimony was required. Now I am.
There still is no U.S. Constitutional right to have the case submitted to the grand jury.
And while I was aware of no state that requires the prosecution submit the case to the grand jury when I drafted that message, now I am.

So you see, in the states in which I've practiced, submitting the case to a grand jury is NOT REQUIRED. In states you've practiced in, it is. So I guess we are both right.

However, you're general statements to Ramseyfan was that he was "wrong" because every felony gets submitted to a grand jury, without qualification. If you're willing to admit that you shouldn't have assumed the law of WV applied to all states (which is the only way Ramseyfan would be "wrong" here), then I'll admit that you educated me on WV law. Again though, next time I'd suggest stating that Ramseyfan would be wrong under WV law. In fact, Ramseyfan is right in certain jurisdictions.

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PSUSkinsFan21

Point of clarification: There is no U.S. Constitutional right to grand jury indictment for STATE crimes. Of course federal crimes are a different matter. Just clarifying so you don't shove the 5th amendment down my throat for not being specific.

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PSUSkinsFan21

Acutally, by my count, only 14 states require grand jury indictment for ALL felonies. Far cry from "MOST STATES"

http://www.ojp.usdoj.gov/bjs/pub/pdf/sco9806.pdf


And yes, the dead horse has officially been beaten. Sorry, I'm really bad at letting things go (as most people on this site can attest to).

I understand your taking issue with RF's "federal only" comment. I'm on your side there.

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"Hail to the Redskins!" and "Fight on State!"

Daseal

No need to apologize. Personally I find it interesting. Law is a crazy world!

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PSUSkinsFan21

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"Hail to the Redskins!" and "Fight on State!"

Hog1

Is there a reason Joe is collectin' safeties like baseball cards? ......................Maybe!

Daseal

Depth for a defense that loves defensive backs?

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Sheriff Gonna Getcha

I didn't mean to start a fight here and I'm glad we're engaged in a group embrace. I'm sorry to all the warpathers who had to read my rants on the law; I'm just passionate about the law and so I got carried away. Hope you are not sore with me now Paulskinsfan

mooby

ramseyfan we are all passionate about something. even though law isn't something i prefer to talk about, at least you guys had some sort of discussion, the offseason isn't exactly the most exciting time.