1/ [Short thread] A few comments as await a decision from the grand jury about whether the officers who shot and killed #BreonnaTalyor will be criminally charged. nbcnews.com/news/us-news/l…
2/ To begin with, it's the right call to rely on the grand jury here - it provides independence to a charging decision that would ...otherwise fall within the province of the prosecutor's discretion. Now, please know that grand jury proceedings are secret so we will not learn...
3/ either what the prosecution presented or the rationale for the grand jury's decision. Also, jeopardy does not attach at the grand jury phase, which means that a grand jury that chooses not to indict has no constitutional impact from a charging perspective.
4/ That is, a prosecutor could empanel another grand jury to again review the case. As a general matter, it also means that any decision in favor of charging is not binding and therefore subject to increase or decrease.
5/ Please feel free to reply to this short thread with questions. I'd be happy to offer thoughts!
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