NNTP-Posting-Date: Tue, 08 Oct 2002 20:33:09 CDT
Newsgroups: alt.current-events.usa, alt.politics.org.cia, alt.politics.org.fbi, sci.mili
Subject: Re: [NEWS]: Probe: U.S. Knew of Jet Terror Plots
References: <3D959025.284F175B@verizon.net> <firstname.lastname@example.org>
Organization: Oliver Assoc./Kestrel Synd.
Date: Tue, 08 Oct 2002 20:33:10 CDT
> That has been the WHOLE point of this thread. That there can
> be a crime without a conviction. Most states allow for a
> Coroners Inquest, which can make a ruling on the manner of
> death, i.e. accidental or murder. That is in fact a
> determination that a crime has occurred. No one has to have
> been arrested or charged or convicted.
I would disagree with your "most".
Several states have no statutory "coroner" and the "findings"
are performed by a magistrate, usually a Justice of the Peace,
not necessarily a lawyer and certainly not a physician.
The medical examiner (if one is utilized) determines "cause of
death", i.e. "Death by gunshot wound"
The appropriate LEA and District/State's Attorneyof the
jurisdiction in which the death is presumed to have occurred,
investigate and may arrest, charging (alleging) an offense.
The Grand Jury indicts, which comprises the formal charge that a
crime has been committed by the person or persons charged.
Then plea or trial takes place...
Vince's contention raises an interesting question...
A Grand Jury refuses to indict on grounds that a homicide was
"justified". Since it has declared the homicide not to be a
criminal act, then no crime occurred. Obviously, all shootings
by LEA go the GJ around here. In every case, failing
indictment, no crime occured. Even after an indictment, if a
petit jury returned a verdict of "Justifiable Homicide", which I
presume it could as an alternate or an "add-on" to a not guilty
verdict of a more serious charge of homicide, then that jury has
declared "no crime occurred".