American Exceptionalism at Risk

8/17/23

Remember when it was only other countries where political operatives were criminally prosecuted as an act of political revenge? These days, the majority of Republicans think that’s exactly what’s going on with the various prosecutions of Donald Trump; and I’d venture to say that many Democrats feel similarly about the accused crimes of Hunter Biden and the Biden family. How far we’ve come. Still, at least we enjoy a critical safety-valve in the way trials work in this country.

In our federal system, indictments require at least 12 of the grand jurors (out of 23) to aver that there’s reasonable basis to conclude that a crime has likely been committed. Satisfying that criterion, however, is just the start of the judicial process. A trial is required for all defendants who subsequently plead “not guilty.” At that trial, evidence is presented; and the defendant can challenge and refute that evidence. At the discretion of the defendant, the ultimate determination as to guilt or innocence is made either by the judge, individually, in what’s called a bench trial, or by a jury of the defendant’s peers. Members of that jury, as well as the grand jury, are subject to review and challenge by both sides.

The bar for reaching a guilty verdict at a criminal jury trial is proof beyond a reasonable doubt, and a single unconvinced juror precludes…