Interesting People mailing list archives
Re: That GPS stuff is sure handy, eh?
From: David Farber <dave () farber net>
Date: Fri, 16 Jul 2010 16:27:53 -0400
Begin forwarded message: From: dewayne () warpspeed com (Dewayne Hendricks) Date: July 16, 2010 12:31:45 PM EDT To: Dewayne-Net Technology List <xyzzy () warpspeed com> Subject: [Dewayne-Net] Re: That GPS stuff is sure handy, eh? [Note: This comment comes from reader Randall. DLH] From: Randall <rvh40 () insightbb com> Date: July 16, 2010 9:20:37 AM PDT To: Dewayne Hendricks <dewayne () warpspeed com> Cc: dpreed () reed com Subject: Re: [Dewayne-Net] Re: That GPS stuff is sure handy, eh?
Regarding warrants and cell tower records: Two quick comments. 1) I served for 6 months on a Massachusetts Grand Jury. This little-understood system is partly designed as a check on prosecutorial power, and in Massachusetts it is taken quite seriously by the prosecutors. Every felony indictment brought must be presented to a grand jury for discussion and a vote on whether it should be pursued (no ham sandwich jokes, please, we did turn down a number of prosecutions).
Nobody bothered to tell you that the Double Jeopardy prohibition of the US Constitution does not apply at GJ stage, did they? If one GJ declines to return a True Bill, it's not a problem - just present to the next one. Further: THe defendant has no right to be notified of a grand jury proceeding against him. The only people present at GJ proceedings are the prosecutor and the prosecution witness and the jurors. (In general; individual states may be different). Since the only questions asked of the GJ are whether it is more likely than not that a felony was committed and whether it is more likely than not that the defendant committed that felony, and since there is no cross-examination and no representation by defense counsel, the "ham sandwich" observation is indeed apt. Generally speaking. RSS Feed: <http://www.warpspeed.com/wordpress> ------------------------------------------- Archives: https://www.listbox.com/member/archive/247/=now RSS Feed: https://www.listbox.com/member/archive/rss/247/ Modify Your Subscription: https://www.listbox.com/member/?member_id=18849915&id_secret=18849915-aa268125 Unsubscribe Now: https://www.listbox.com/unsubscribe/?member_id=18849915&id_secret=18849915-32545cb4 Powered by Listbox: http://www.listbox.com
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- Re: That GPS stuff is sure handy, eh? David Farber (Jul 16)
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- That GPS stuff is sure handy, eh? David Farber (Jul 16)