All homicides to grand jury

[Bithabus]

People always say in Texas every homicide goes to the GJ, but I can't figure out whether this is actually true. Nothing in the CCP that is relevant, unless I missed it.

Is this yet another myth? Or if true, where in the code should I be looking?

 

[txinvestigator]

People always say in Texas every homicide goes to the GJ, but I can't figure out whether this is actually true. Nothing in the CCP that is relevant, unless I missed it.

Is this yet another myth? Or if true, where in the code should I be looking?

I have reasearched this also, and found no legal requirment. While I realize that does not preclude such a requirment, I have no idea where it might be. That said, perhaps it just is the way it is. If the person causing the death is known, maybe it is just the way it has always been done.

I don't know of any case where the case was not at least referred to the GJ.

This is a good question.

 

[Texan2]

I know of homicides that were never taken to a GJ due to them being ruled justifiable. I dont think there is any legal requirement that a GJ hear them.

 

[txinvestigator]

I know of homicides that were never taken to a GJ due to them being ruled justifiable. I dont think there is any legal requirement that a GJ hear them.

Who ruled them justified?

 

[Vaquero]

DA would be my guess.

 

[big_bad_kitty]

That is exactly where it comes from. Each DA has the discretion to either not pursue it or refer it to the GJ! Seldom will you find a DA anymore that will take it upon themselves to not refer to a GJ! Might call it political suicide!! However it is within their scope of authority to not pursue charges in any homicide!

 

[just jk]

https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2010/htm/ga-0765.htm

 

[Texan2]

Not political suicide. In cases in my AO when the Texas Rangers completed their investigation and it was obviously an officer involved justifiable shoot, that is where it died. (no pun intended)

 

[big_bad_kitty]

Totally agree with you but what you are referring to is when there has been a determination made there was no offense committed! DA never did have a chance or obligation to act on a case where it never reaches his office. Usually but not always a case when fully investigated will see the DA's office and then the DA as a routine matter in all HOMICIDE (implies there was possibly/probably a crime) refers it to GJ so he can say I did my duty and referred it to the GJ! When the Rangers investigate a case you can never say what will become of it as they do what they want to do with it! JMHO!! Know several of them and worked with them for several years. Awfully independent bunch of folks!!

 

[Texan2]

Totally agree with you but what you are referring to is when there has been a determination made there was no offense committed

Ah, but the question was are all homicides refered to a GJ. Whether or not an offense was committed, a homicide was committed.
I think the policy of DA's vary from district to district. Typically all Ranger cases will be forwarded with an opinion from the Ranger. Some DA's will take them all to a GJ for a no bill, others wont. Usually the ones that dont go are the ones that are so painfully obvious, that taking it to a GJ would be a waste of time and the DA knows he wont prosecute it regardless of what the GJ says.

 

[just jk]

part of a DA's duty (and discretion - read the link i posted - its quite clear) is to determine what cases merit prosecution - and which ones dont

DA's make decisions to take - or not take - cases to trial - ALL THE TIME

there are a handful of good reasons i could come up with that a DA wouldnt take a justifiable homicide before a grand jury'

and just as many why they would

 

[Bithabus]

Another myth put to rest. Thanks guys.

 

[Bithabus]

part of a DA's duty (and discretion - read the link i posted - its quite clear) is to determine what cases merit prosecution - and which ones dont

DA's make decisions to take - or not take - cases to trial - ALL THE TIME

there are a handful of good reasons i could come up with that a DA wouldnt take a justifiable homicide before a grand jury'

and just as many why they would

Of course DAs have discretion. The link you posted is worthless. Question was, do all homicides go to GJ. Myth is that homicides are a special case and the DA does not have discretion. Texan2's personal experience dispels this myth.

 

[just jk]

if you know how to read and interpret an opinion - its not worthless at all

you were looking for something in writing

if you dont like the deliverer of the message, thats your problem

 

[Bithabus]

if you know how to read and interpret an opinion - its not worthless at all

you were looking for something in writing

The AG opinion you posted confirms what we already knew, which is that normally DAs have discretion regarding taking felonies to the GJ. I was looking for something in writing which states that DAs must take all homicides to a GJ. I am now satisfied that no such document exists, and the "all homicides in Texas to go a grand jury" idea is just another popular myth.

if you dont like the deliverer of the message, thats your problem

I neither like nor dislike you, because we've never met.

 

[TexasFats]

In Houston, all homicides went to a Grand Jury. The question was whether they would be presented with, or without, charges. If they were ruled justifiable by the police and DA, then they went without charges. Maybe one of the attorneys on the board knows for sure.

 

[M. Sage]

How do you go before a grand jury without charges?

 

[Texan2]

How do you go before a grand jury without charges?

The Assistant DA takes the fact to a GJ and offer the GJ several Penal Code offenses that they can indict on. For instance, man beats woman with a pipe. Da says these are the facts....you can indict for Attempted Murder or Agg. Assault. GJ will decide what charge (with DA guidance).


OR-


Cops shoots bank robber. DA is not going to prosecute for a crime but lets the GJ see the evidence and give a NO BILL. That would e a case of GJ hearing a case with no charges pending.

 

[popo22]

All felony "CHARGES" go before a GJ but if the DA is not going to present charges then it is not required.