Rochester, MN asked in Criminal Law for Illinois

Q: If the statute is facially unconstitutional by Supreme Court ruling , why would a person be indicted by the grand jury?

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1 Lawyer Answer
Clyde Guilamo
Clyde Guilamo
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: A grand jury may not know of the Supreme Court's ruling. The grand jury is informed that a person has been charged with a specific crime. A witness then enters the room and essentially explains to the grand jury why that person was charged. The jury them decides if there is probable cause to believe that the person committed the crime charged.

It is the prosecutor's job, and not the grand jury, to know about the changes in the law and how those changes impact a case they are presenting to the grand jury.

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