Why hasn't the Neighborhood Watch shooter been arrested?

What you may have read is the GJ’s report or “Presentment”, that much is sometimes public. The proceedings and the testimony are almost always secret.
http://www.floridabar.org/DIVCOM/PI/RHandbook01.nsf/1119bd38ae090a748525676f0053b606/badd5b4fce22d788852569cb004cc254!OpenDocument

“In practice, the prosecuting attorney selects those cases he believes warrant prosecution. The prosecutor then determines whether to proceed by indictment or information. If the prosecutor is required to or chooses to seek an indictment, he then presents his case to a grand jury by interrogating the witnesses he has subpoenaed and presenting other evidence relevant to the alleged offense. The grand jurors themselves also may question witnesses and request additional witnesses or evidence. After that evidence is presented to the grand jury, it decides whether there is probable cause to indict the accused. The accused is not given the opportunity to present evidence in his defense or cross-examine witnesses at the grand jury phase. If the accused is subpoenaed to testify before a state grand jury, that testimony cannot be used against him at trial. …. Whether or not an indictment is returned, the grand jury subsequently may issue a report or presentment. That report will contain the grand jury’s findings and may make recommendations. Florida Statutes Section 905.28(1) (2007) provides a mechanism for redacting or suppressing presentments which name unindicted individuals: …. II. Secrecy and Disclosure.

Historically, grand juries proceed in secret. The grand jury session, deliberations, and voting are closed.15 The courts so jealously guard that veil of secrecy they have closed proceedings merely ancillary to the grand jury session. In Palm Beach Newspapers, Inc. v. Doe, 460 So. 2d 406, 409 (Fla. 4th DCA 1984), the court held that the grand jury statute required closure of ancillary hearings conducted out of the grand jury’s presence, but while the grand jury was in session. As discussed, the court in Afendoulis determined the grand jury statute mandated closure of motions to repress and hearings on the motions. In sum, although most of the interests in grand jury secrecy are protected if the grand jury session itself is closed, the courts have been receptive to arguments which urge that the cloak of secrecy be extended beyond the grand jury session itself. That cloak, however, does not exempt criminal investigative records compiled independent of, and prior to, a grand jury session, although presented to the grand jury, from disclosure under the Florida Public Records Act.16

The United States Supreme Court has enumerated the policies underlying grand jury secrecy:

  1. The fear that witnesses will not come forward voluntarily if their identity is not protected;
  2. The fear that witnesses will be less likely to give full and frank testimony if their identity is known so that they become subject to retribution or inducements;
  3. The risk that the indicted will flee if indictments are made public prior to arrest;
  4. The danger that a potential defendant might influence the votes of grand jurors; and
  5. The protection of the reputation of an individual who is accused but not indicted by the grand jury.17

Florida Statutes Section 905.24 (2007), codifies those policies and mandates: “Grand jury proceedings are secret, and a grand juror or an interpreter appointed pursuant to s. 90.6063(2) shall not disclose the nature or substance of the deliberations or vote of the grand jury.” Although there are no criminal sanctions which apply to a violation of that section, the courts routinely rely on that provision to deny access to grand jury-related matters.

In addition, Florida Statutes Section 905.27(2007) prohibits grand jurors, state attorneys and all other court personnel from disclosing to anyone, except under certain narrowly-specified circumstances, the testimony of a witness examined before the grand jury or other evidence received by it.”

We don’t know that.

Yahoo had a link that the police could NOT arrest under FL law because Zimmerman had a believeable defense; self defense.

This may mean it is left to the upper echelon to effect an arrest by warrant and or commence a prosecution.

Since it’s a Capital Crime they are proceeding as required, and have convened a Grand Jury. The police could have arrested Zimmerman, “good defense” or no. But generally, if there is a “good defense” and he’s not a flight risk, then they wait until there’s a indictment handed down. They are proceeding exactly as they are supposed to. The DA can’t bring Murder charges by himself in Florida, a GJ indictment is required. A arrest would be premature and could hurt the prosecution.

As to Texas law, where Joe Horn was:

http://www.statutes.legis.state.tx.us/SOTWDocs/CR/htm/CR.20.htm

“Art. 20.02. PROCEEDINGS SECRET. (a) The proceedings of the grand jury shall be secret.
(b) A grand juror, bailiff, interpreter, stenographer or person operating an electronic recording device, person preparing a typewritten transcription of a stenographic or electronic recording, or person operating a video teleconferencing system for use under Article 20.151 who discloses anything transpiring before the grand jury, regardless of whether the thing transpiring is recorded, in the course of the official duties of the grand jury, is liable to a fine as for contempt of the court, not exceeding $500, imprisonment not exceeding 30 days, or both the fine and imprisonment.
(c) A disclosure of a record made under Article 20.012, a disclosure of a typewritten transcription of that record, or a disclosure otherwise prohibited by Subsection (b) or Article 20.16 may be made by the attorney representing the state in performing the attorney’s duties to a grand juror serving on the grand jury before whom the record was made, another grand jury, a law enforcement agency, or a prosecuting attorney, as permitted by the attorney representing the state and determined by the attorney as necessary to assist the attorney in the performance of the attorney’s duties. The attorney representing the state shall warn any person the attorney authorizes to receive information under this subsection of the person’s duty to maintain the secrecy of the information. Any person who receives information under this subsection and discloses the information for purposes other than those permitted by this subsection is subject to punishment for contempt in the same manner as persons who violate Subsection (b).
(d) The defendant may petition a court to order the disclosure of information otherwise made secret by this article or the disclosure of a recording or typewritten transcription under Article 20.012 as a matter preliminary to or in connection with a judicial proceeding. The court may order disclosure of the information, recording, or transcription on a showing by the defendant of a particularized need.
(e) A petition for disclosure under Subsection (d) must be filed in the district court in which the case is pending. The defendant must also file a copy of the petition with the attorney representing the state, the parties to the judicial proceeding, and any other persons required by the court to receive a copy of the petition. All persons receiving a petition under this subsection are entitled to appear before the court. The court shall provide interested parties with an opportunity to appear and present arguments for the continuation of or end to the requirement of secrecy.

No. You are wrong. As I pointed out in post 1168.

http://www.fija.org/docs/JG_on_the_grand_jury.pdf

The Fully Informed Jury Association has a paper on Grand Juries.

A refusal to return an indictment is also an act of nullification.

I haven’t seen any details about where the shooting took place versus where the body ended up or what the fatal injury was. Is it possible that Martin ran after he was shot? Sadly, barring spinal or brain injury it would be likely that Martin could escape some distances before collapsing and expiring. :frowning:

Therein lies the rub, huh. Believable? I wouldn’t have believed his story for a second. Besides, I don’t see how having a believable defense for a crime would mean one could not be arrested. Everyone who stands trial presumably has a believable defense.

As I said before, the grand jury is the creature of the prosecutor. The prosecutor decides who’s on it. The prosecutor has total control over what the grand jury sees. If a prosecutor can’t get the grand jury to indict the ham sandwich, it’s because the prosecutor didn’t want the ham sandwich to be indicted. Relying on a grand jury for nullification is a futile endeavor.

I have to disagree with that. A refusal to Indict means they believed that probable cause did not exist to further commence. The same with a Preliminary Hearing, they are a PC determination, not when they are convinced the defendant is not guilty, but simply want to send the govt. a message for X reason.

Not quite. The GJ may itself call and question witnesses. It is true that the Defense has no part of a GJ’s proceedings. But any decent GJ takes quite a bit of convincing, I know we did. In the case of Horn, it looks like the GJ met for about 2 weeks, which means there was likely about one week of evidence.

But yes, if the GJ doesn’t bring a indictment, it does mean the case was very weak.

I was just reporting from this link;

And what I am saying is that, if there was a “duty to retreat” law, what he should have done if someone seems to be threatening him, is go back in his house and lock the door, not shoot dead the person who he thinks could be threatening him, since police are on their way, and since people with guns in scary situations can make bad decisions and mistake a cell phone for a weapon, for example. And if he didn’t think he would have time to retreat safely back to his house, not go outside at all. That’s the kind of behaviour that should be legal.

And, I might add, the entire concept of jury nullification cripples the concepts of justice, due process, and democracy. It’s a bug, not a feature.

If a prosecutor doesn’t want an indictment, then the simpler solution is not to present the information to a grand jury. Is there any case where presenting evidence to grand jury is required when the District Attorney doesn’t think a crime was committed?

To see if I understand you correctly: people can be compelled to testify in a grand jury, but not in a courtoom, and this is useful to help determine the truth of a case. Grand jury proceedings need to be kept secret, because without the ability to compel testimony, we couldn’t decide if someone should be charged with a serious crime, and if you compel testimony, it shouldn’t be made public. Is that what you are saying?

Presenting a case falls under Prosecutorial Discretion. If a County Prosecutor/DA refuses to seek an Indictment, it is possible the AG might do so.

“almost always”. So there are cases when they are released. I’m still thinking that if the law says that grand jury testimony cannot be made public, I’m agains the grand jury system.

I’m not up on Florida law. From what I read, in a Florida Capital Crime (one that could have a death penalty sentence), a grand jury is required. The Capital Crime that applies in this case would be First-degree murder or Felony murder. Does this mean that, anytime someone gets killed in Florida, there has to be a grand jury investigation, regardless of what the police or district attorney have to say?

Yes, but why is the case weak? As I’ve been told in this thread, the legal experts, who know more than I, have said that a conviction could be difficult, because of the Stand Your Ground laws.

  1. If you can compel people to testify without the regular constitutional and procedural protections, then the proceedings should not be made public.

  2. If there isn’t enough evidence to indict, then the information should not be made public, in order to protect the privacy and reputations of the people involved.