Could we get AJ back?

#26
#26
armchair said:
Can someone explain when a grand jury is used, and when not? I assume that if there was obvious evidence of sexual assault, they would have just arrested him and no grand jury, yes? Or do they always take cases like this before the grand jury?
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Sometimes in cases of a felony they take it to the grand jury to let them decide. I figure since there are so many political pitfalls associated with this case that was the best decision by the prosecutor. No idea if this is normal for the Knoxville DA though and IDK that we can assume anything good or bad by it going to the grand jury.
 
#27
#27
armchair said:
Can someone explain when a grand jury is used, and when not? I assume that if there was obvious evidence of sexual assault, they would have just arrested him and no grand jury, yes? Or do they always take cases like this before the grand jury?
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All felony cases in the State of Tennessee must go through Grand Jury to determine if there is probable cause to pursue the charges through Criminal Court. Some misdemeanors will go through Grand Jury if the defendant is requesting a jury trial or appealing a General Sessions Court trial.

The police have two options, make an arrest or present it to the Grand Jury. Most sexual assault cases are presented to the Grand Jury to keep the victims from having to testify in Sessions Court at a probable cause / preliminary hearing and then again at the Criminal Court level.

The time frame in this case, while it does not seem like it to some has been extremely fast considering there was DNA evidence to be processed by TBI. Considering it takes approximately 6 to 8 months to get those results back a month is very fast.
 
#29
#29
walkenvol said:
I keep hearing horror stories of students involved with these at different universities. Each one had a similar theme with the accused basicly being put on trial but not afforded the rights set forth in the US judicial system. The "judge" is often a facilty member and the claims are often "criminal" in nature such as sexual assualt yet the local court system doesn't pursue charges against the accused? One was in the papers recently at Chattanooga. The accused athlete was booted from school yet the local police didn't arrest and the DA brought no charges? Some of these young people are being seriously negatively impacted and are being denied due process. I'm waiting to see the ACLU take on one of these cases as it strikes me as a total violation of the accused's rights.

Assault, Rape, Sexual Assault, theift, etc are all crimes in our society. If someone at a university is a victim of any of these, the local law enforcement should be the one and only organization investigating and handing out punishments.
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Due process only applies to the government giving it to you. Where you work or where you go to schools don't have to afford you it. Nothing for the ACLU to do.
 
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#30
#30
I hate it for aj but lest move on, this is the same d that will be on the field in 15, with a couple mac trucks added up front.
 
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#35
#35
Orange_Crush said:
You know... The purpose is to find the truth, not get someone back on the team ASAP, right?
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I completely agree with you. And, I'm not saying or insinuating that the players should get any special treatment because of who they are.

What I am saying is that the KPD and local DA have a history of digging into UT every chance they get. And, while the accusations here are very serious, the scope of this investigation should include a relatively small number of people.

I'm sure everyone knows my remark about Florduh justice was in jest, no one wants to be seen in that light, but at this rate both athletes my have a case for the county denying them a speedy trial.
 
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#36
#36
vavolunteer said:
I completely agree with you. And, I'm not saying or insinuating that the players should get any special treatment because of who they are.

What I am saying is that the KPD and local DA have a history of digging into UT every chance they get. And, while the accusations here are very serious, the scope of this investigation should include a relatively small number of people.

I'm sure everyone knows my remark about Florduh justice was in jest, no one wants to be seen in that light, but at this rate both athletes my have a case for the county denying them a speedy trial.
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KPD digs into high profile cases. Just happens that UT football is generally high profile.
 
#40
#40
walkenvol said:
I keep hearing horror stories of students involved with these at different universities. Each one had a similar theme with the accused basicly being put on trial but not afforded the rights set forth in the US judicial system. The "judge" is often a facilty member and the claims are often "criminal" in nature such as sexual assualt yet the local court system doesn't pursue charges against the accused? One was in the papers recently at Chattanooga. The accused athlete was booted from school yet the local police didn't arrest and the DA brought no charges? Some of these young people are being seriously negatively impacted and are being denied due process. I'm waiting to see the ACLU take on one of these cases as it strikes me as a total violation of the accused's rights.

Assault, Rape, Sexual Assault, theift, etc are all crimes in our society. If someone at a university is a victim of any of these, the local law enforcement should be the one and only organization investigating and handing out punishments.
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Some schools are becoming churches...
george-carlin-im-completely-in-favor-of-the-separation-of-church-and-state-my-idea-is-that-these-two-institutions-screw-us-up-enough-on-their-own-so-both-of-them-together-is-certain-dea.jpg
 
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#44
#44
I'm sure everyone knows my remark about Florduh justice was in jest, no one wants to be seen in that light, but at this rate both athletes my have a case for the county denying them a speedy trial.[/QUOTE]


You do not have a right to a speedy trial when charges have not been filed. It is an active investigation of rape which is a class B felony and has a statute of limitation of 8 years. That jumps to 15 years if the charges is or would be aggravated rape which is a class A felony.
 
#48
#48
volfanhill said:
Due process only applies to the government giving it to you. Where you work or where you go to schools don't have to afford you it. Nothing for the ACLU to do.
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You may well be correct on "due process" however a school or employer cannot violate someone's civil rights without exposing themselves to litigation.

I'm no lawyer, but if an employee is fired from a job for stealing and can prove they didn't steal then do they not have some solid ground for litigation? If I'm a student (especially a paying student) and I'm falsely convicted by a judicial councel for cheating and am able to prove otherwise then I'm going to employee the sevices of an attorney for a refund of tuition along with damages. Might be a waste of time but it strikes me as justice.

Would be interested in what the attorneys on the board would say.
 
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#49
#49
Orange_Crush said:
You know... The purpose is to find the truth, not get someone back on the team ASAP, right?
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Ya, but u also have to take into consideration AJ's position! He isn't an average joe off the street, his future could be jeopardized because of this! In other words, they should move as fast as humanly possible to come to their conclusion!
 
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