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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

Does a grand jury referral establish a prima facie case?

Also, if a case has been referred to the grand jury, is that an indication that a prima facie case has been established?

Response: No--the purpose of the grand jury is to decide if there is probable cause to believe one or more crimes have been committed. In this regard, the grand jury functions very much like a detective: The detective investigates to determine if a crime has been committed and, if he/she finds that a crime has been committed, the detective decides who did it and should be charged.


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