ANSWERS: 1
  • I think what you mean by "secret indictment" is grand jury indictment. Not every jurisdiction uses a grand jury, but they exist to protect your rights. In order for a person to be arrested in their home, there must be a warrant issued for the arrest. In order for a warrant to be issued, there must be evidence submitted to show probable cause that a crime was committed. In many jurisdictions the determination of whether there is probable cause is made by a single judge. Of course, if that judge is biased it is possible that an arrest warrant could be issued when probable casue does not exist. The grand jury solves this problem. A grand jury is a group of people that works for several months in a row. Their job is to hear the evidence presented by the prosecuter and determine if there is probable cause to make an arrest. However, unlike the decision made by a judge, the grand jury is compromised of 12-23 people, and therefore less likely to be swayed by any bias. Whether the warrant is issued by a grand jury or a judge, the hearing is always ex parte. This means that it is one-sided, with only the prosecuter presenting evidence. But note that this is not a trial to determine guilt. Rather, it is only to determine if there is enough evidence to believe a crime was committed. After a person is arrested they have the right to be put in front of a magistrate within a reasonable time (usually 24-72 hours) to hear the charges against them and to determine if probable cause existed. This hearing is not ex-parte, and you have the right to an attorney at this stage. This is the "due process" that the Constitution requires. Of course, this process makes sense. How is a person going to be allowed to defend themselves at a grand jury hearing, if it has not even been decided that the person has likely committed a crime. arrested?

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