• EgoNo4@lemmy.world
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    19 hours ago

    Could someone please explain to me how the fuck do you kill someone, even if it’s manslaughter, and not get tried over it?

    • Corkyskog@sh.itjust.works
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      10 hours ago

      Grand jury, not regular jury, which likely consists of rich white men that’s a holdover from Jim crow. Prosecutors who agree with the defendent and intentionally try for charges they know won’t stay. Texas.

    • TheRealKuni@piefed.social
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      19 hours ago

      It was an honor killing because she spoke against the Dear Leader. That’s legal in Texas, haven’t you heard?

    • Zephorah@discuss.online
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      16 hours ago

      Since the Kirk shooting there has been a violent eruption of “we are done with you”, right to left. We are not to be discussed or argued with henceforth, only removed, by whatever means.

      This is the rhetoric. Clearly, it is more than rhetoric.

    • EgoNo4@lemmy.world
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      19 hours ago

      No, I’m serious, please eli5… Where I’m from, murder + suspect = a trial…

      • mic_check_one_two@lemmy.dbzer0.com
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        3 hours ago

        The grand jury is an extension of the district attorney’s office. When a crime is suspected of being committed, the district attorney brings the evidence to a grand jury. Then the grand jury decides if the case can proceed to trial. It’s basically step 0 in the judicial process.

        The prosecutor has a lot of discretion in what evidence the grand jury sees. They can do things like include evidence that they know won’t stand up in court, or intentionally exclude exculpatory evidence (that would prove the suspect’s innocence). Additionally, there is no defense attorney at the grand jury. Nobody has been charged with a crime yet, so the suspect can’t even defend themselves. The old joke among defense attorneys is that the grand jury would indict a ham sandwich for murder if the DA wanted them to.

        The point of the grand jury is for the prosecutor to go “do I have enough evidence to go to trial?” They’re not deciding guilt. They’re just deciding if it’s even worth trying to prosecute a suspect. So the threshold for evidence is very low. On paper, the grand jury is meant to prevent frivolous charges and protect clearly innocent suspects. If the grand jury decides there is enough evidence to go to trial, then the suspect is officially charged with a crime and the entire arrest+trial part of the prosecution kicks off.

        But in reality, it is often just used as a scapegoat by the district attorney. The grand jury is anonymous, which makes them very convenient as a scapegoat. As far as the public is concerned, the grand jury is just a sort of massless, faceless blob. The DA is typically an elected position, which means they need to keep the public’s wants in mind. And this can come into conflict with the job, when they have a politically inconvenient case.

        For example, let’s say a cop kills someone in broad daylight, surrounded by bystander recordings. The public is out for blood. But the police union has privately told the DA that if charges get pressed, the cops will collectively stop cooperating as witnesses and won’t collect evidence at crime scenes. Functionally making the DA’s job impossible.

        So the DA uses the grand jury as a scapegoat. They refuse to bring any evidence (because again, they can choose to exclude evidence), and then the grand jury refuses to indict because they were given no evidence. Then the DA jumps in front of the news cameras and goes “I tried my best, and I brought the case to the grand jury! But the big mean grand jury refused to indict! Remember that I’m fighting for you. Vote for me!” And the grand jury (as a faceless blob) can’t defend themselves and go “hey uhh, we would have indicted that cop if the DA brought any evidence…”

          • arrow74@lemmy.zip
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            14 hours ago

            If the prosecutor tries you for the wrong charge they’re usually not allowed to try again with a lesser charge

          • krashmo@lemmy.world
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            16 hours ago

            I’m a man and I’m not laughing.

            You don’t have to say it, I was already leaving.

            • Tm12@lemmy.ca
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              16 hours ago

              Took me too long but come back so I can tell you to get outta here.

        • otp@sh.itjust.works
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          17 hours ago

          That’s insane. Sure, an accidental discharge is an accident. Whatever.

          Pointing the gun in the direction that an accidental discharge would kill somebody is a guilty act.

          And having the gun loaded should be, too.

      • Miles O'Brien@startrek.website
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        18 hours ago

        For the same reason that half the MAGAts in government that we have crimes + named suspects with mountains of evidence, and still no trial.

        The same reason donld Trump incited a crowd of people, on camera, to go try and overthrow the government on a cold January morning 6 years ago, and despite people dying and people being murdered in the attempt, the person we have on camera starting it is now the goddamn president instead of in a cell or pine box.

        We have no justice system. It only ever existed for whichever out group is being targeted. The rich and influential don’t exist in those groups and instead of trying to hide that like they used to, nowadays they just openly flaunt it.