After the petition is signed, the judges in the district court will review the petition and if it is proper and complete, a grand jury with be summoned. The grand jury consists of 15 people who are legally qualified to serve. (Justia.com)
The grand jury has two roles, to act as an independent investigator and to act as the community’s conscience. In the first role, they look for general criminal activity then report their findings in a presentment. In the second role, they question witnesses and examine evidence then decided if there is need for prosecution. If there is probable cause for prosecution a true bill is affirmed; if there is no probable cause a no bill is passed (Siegel, 2008).
In a preliminary hearing, the goals are generally the same, however, the approach is different. The hearing is conducted before a lower court judge and may be open to the public. In the hearing, the defendant and his counsel are present as well as the prosecuting attorney. First, the prosecution presents it case with witnesses and evidence to the judge. The defendant is then allowed to cross-examine witnesses and challenge the prosecutor’s evidence. After the hearing, the judge will decide if there is sufficient probable cause that the defendantcommitted the crime and if there is he will then have a trial. If there is not sufficient cause, the charges are dismissed and the defendant is released (Siegel, 2008).
There was a doctor in by the name of George Tiller. He was in charge of one of three clinics in the country that perform late-term abortions. Two years back, he was charged with 19 different misdemeanors. Without getting a second option, Tiller performed several late-term that were risky due to certain circumstances; however, a reasonable professional would second option them. So the state's attorney general filed the charges and he was put under review (Winter, 2007). He was acquired, but sadly all publications on the trial caused some unwanted attention by pro-life supporters. The Kansas doctor, George Tiller was killed. The suspect, 51-year-old Scott Roeder, was charged with first-degree murder and aggravated assault. He later admitted to killing George Tiller, altering his plea to non-guilty by "Necessary Defense" (Associated Press, 2009).
(From the movie "12 Angry Jurors" taken from The Play House)
The jurors' selection was under constant review (Hegemen, 2009). This wasn't just a case of murder, but it was murder in the defense of unborn children and could have become a landmark case for pro-life or pro-choice supporters. Mark Rudy, the attorney representing the state, said,
"The abortion issue is so contentious, that by eliminating pro-life jury panelists impartiality is compromised. It is the contemplation of a heated deliberation, by jurors of all views, including those who are pro-life, that will insure impartial jurors."He took the path to show that to be perfectly impartial, the selection cannot push aside pro-life or pro-choice advocates. Of course the prosecution would prefer the pro-choice supporters who would see this simply as the killing of a man instead of something greater. The defense would prefer pro-life activists who perhaps could think deeper into such a defense, but even then it could mean very little. There's no statement in the bible which condones murder, and any pro-life supporter would chime that we are not who gets to decide who will live or who will die.
In a different criminal case, Robert Jarman of Columbus, Kansas, was accused of second-degree murder after shooting his wife Suzanne in 2007. The incident occurred when Jarman and his wife were supposedly placing a shotgun into a gun safe. Jarman claims that there was an accidental discharge of the weapon, and the shot hit Suzanne in the back of the head, killing her.
In determining whether the firing of the shotgun was intentional, the direct evidence that the prosecution used include testimony from expert witnesses - the combination of a forensic pathologist, blood pattern specialist, and gun expert - claiming that the gun was held in the traditional firing position and that accidental discharge was not possible. Also used as direct evidence was testimony from Jarman's psychologist, who stated that the prescription drugs Jarman used had the potential to cause impaired judgement. Circumstantial evidence that was used in the case included the shotgun used in the incident, a 911 call that Jarman made immediately following the incident, claiming that he accidentally had shot his wife, and Jarman's jeans, which contained blood stains (McKinney, 2009).
The witness testimony supports the prosecution because it determined that in the given scenario, Jarman would have had to intentionally fire the gun to kill his wife - the blood patterns, forensic evidence, and handling of the gun would require it, according to those who testified. The prosecution countered the psychologist's testimony by saying that although impaired judgement was possible, there was no evidence that it was a factor in the homicide. The 911 call would likely work against the prosecution because Jarman was clearly distraught in the recording, which was argued by the defense. The gun and jeans were used by the prosecution for the examination of blood stains on the two pieces of evidence that would support the intentional homicide argument.
The state of Kansas acknowledges the right to a speedy trial. Within 90 days of arraignment, those charged with a crime must be brought to court, with the exception of a requested delay by the defendant or the court issuing a delay that is within the law (Lawyers.com, 2009). The state of Nevada is less specific in recognition of a speedy trial, although the Sixth Amendment provides the right to a speedy trial. Nevada states that the court must have the trial within 60 days, unless the person charged with the crime requests a delay in the trial (Lawyers.com, 2009).
Associated Press, AP. (2009). Ap: suspect admits killing Kansas abortion doctor. Retrieved November 9, 2009, from USA Today website: http://content.usatoday.com/communities/ondeadline/post/2009/11/ap-suspects-admits-killing-kansas-abortion-doctor/1
Hegemen, RH. (2009). Juror beliefs an issue, says defense. Retrieved November 9, 2009, The Wichita Eagle website: from http://www.kansas.com/news/crime-courts/story/1033645.html
Justia.com. (n.d.). 22-3001. Grand juries; summoning; membership; quorum. Retrieved November 10, 2009, from Justia.com Website: http://law.justia.com/kansas/codes/chapter22/statute_12056.html
Lawyers.com. (2009). Criminal Process in Kansas. Retrieved November 10, 2009, from Lawyers.com website: http://research.lawyers.com/Kansas/Criminal-Process-in-Kansas.html
Lawyers.com. (2009). Criminal Process in Nevada. Retrieved November 10, 2009, from Lawyers.com website: http://research.lawyers.com/Nevada/Criminal-Process-in-Nevada.html
McKinney, Roger. (2009). Murder trial begins for man accused of shooting his wife. Retrieved November 9, 2009, from The Joplin Globe website: http://www.joplinglobe.com/local/local_story_299214132.html/resources_printstory
Siegel, Larry J. (2008). Introduction to Criminal Justice. Belmont, CA: Wadsworth.
Winter, MW. (2007). Kansas abortion doctor charged with 19 misdemeanors. . USA Today, Retrieved from November 7, 2009, from http://blogs.usatoday.com/ondeadline/2007/06/kansas-abortion.html?csp=3
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