question archive The question is, under the Florida State Constitution, is there a requirement that all serious criminal charges set before they can be? Charged formerly against a defendant, they have to be B

The question is, under the Florida State Constitution, is there a requirement that all serious criminal charges set before they can be? Charged formerly against a defendant, they have to be B

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The question is, under the Florida State Constitution, is there a requirement that all serious criminal charges set before they can be? Charged formerly against a defendant, they have to be B. B has to be determined by grand jury. In other words, in Florida, under the state constitution is a requirement that a that a grand jury determines whether there's probable cause with respect to all serious all serious criminal charges that would be under the State of Florida constitution.

 

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Grand Jury in Florida

            The constitution of the State of Florida requires that the State Attorney presses charges against criminal suspects. Most cases go through a grand jury that listens to witnesses and examines the evidence to determine whether there is a probable cause to press the charges. However, the Constitution of the State of Florida does not stipulate that all serious cases must go through a grand jury (Miller, 2017). While similar to the common jury, a grand jury serves a different purpose. Juries determine the guilt of aligned suspects while grand juries determine whether a case should go on trial (Miller, 2017). While it does not stipulate that all serious cases must go through a grand jury, the Florida Constitution has an exemption.

            One of the most serious cases is first degree murder. While the role of pressing charges rests on the State Attorney, the Constitution of the State of Florida requires that a grand jury in involved to determine the procession to court (Miller, 2017). The constitution hinders the State Attorney from pressing charges in first degree murder cases based on the constitutional authority conferred to them (Miller, 2017). Therefore, the only serious cases where the Constitution of Florida requires the involvement of a grand jury is first degree murder.

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