Right, but that doesn’t answer if they convene a grand jury for a specific alleged crime, and the grand jury says “no”, can they try again with a new jury? For the same alleged crime? That seems like an obvious flaw in that they can just keep trying until they get an indictment and can proceed. There’d be no point in the grand jury step because it eventually returns an indictment.
Edit: Internet is telling me
Even if a grand jury does not indict an individual, the prosecutor can re-bring the same defendant before the grand jury on the same charges multiple times, although prosecutors will usually wait until a new grand jury is convened for especially high-profile cases. This is allowed because issues of double jeopardy do not attach until a person has been formally charged.
Which seems insane.
https://www.arnoldsmithlaw.com/who-decides-whether-or-not-i-will-be-charged-with-a-crime.html
Our legal system seems really bad, folks
it seems weird that the state can keep trying until they get the answer they want. Why is that protection only available later?
It wouldn’t be a coin toss - the odds are heavily slanted in favor of the prosecutor. The defense has no role.
Also does this mean that those times cops didn’t get indicted, the state could have tried again?