University officials charged for hazing

[MysticCat]

Originally Posted by Tom Earp

Sorry, the latest I received that they were sued=Indictited for this.

They are sued for intictment by the Grand Jury Judge for trial!

One more try, Tom. "Sued" means a civil action has been brought. They haven't been "sued for indictment," because there's no such thing. They've simply been indicted or charged.

Indict = criminal charge.
Sue = civil claim.

And there is no such thing as a grand jury judge.

[jon1856]

Originally Posted by MysticCat

One more try, Tom. "Sued" means a civil action has been brought. They haven't been "sued for indictment," because there's no such thing. They've simply been indicted or charged.

Indict = criminal charge.
Sue = civil claim.

And there is no such thing as a grand jury judge.

FYI/General information on Grand Juries:
http://en.wikipedia.org/wiki/Grand_jury
http://www.cato.org/pubs/pas/pa-476es.html

In NJ:
http://www.judiciary.state.nj.us/rules/r3-6.htm

More than a passing interest for me as my girl-friend has been on a Federal Grand Jury for over 6 months now.

[jon1856]

Originally Posted by jon1856

FYI/General information on Grand Juries:
http://en.wikipedia.org/wiki/Grand_jury
http://www.cato.org/pubs/pas/pa-476es.html

In NJ:
http://www.judiciary.state.nj.us/rules/r3-6.htm

More than a passing interest for me as my girl-friend has been on a Federal Grand Jury for over 6 months now.

I know it is against all "net" protocal to quote oneself but it ready seems as if the person(s) who should read these just are not.

While we all can do IMHO or IIRC, might be nice to see something a bit more based on fact.

But of course, that is just MVHO

[jon1856]

While doing an unrelated search, found this news update:
AP NewsBreak: Rider administrators warned about hazing?

By CHRIS NEWMARKER,
AP
Posted: 2008-06-04 14:42:50
TRENTON, N.J. (AP) - The parents of a dead Rider University student are now claiming that school administrators were personally warned about dangerous hazing at a fraternity chapter blamed for their son's death last year.

Lawyers for Gary DeVercelly Jr.'s parents filed a motion last week to expand their lawsuit against the university to include two school administrators, Ada Badgley and Cassie Iacovelli.

The lawyers say the administrators were told of excessive drinking during pledge season but did nothing to stop it at the on-campus Phi Kappa Tau house........
http://news.aol.com/story/_a/ap-news...04144209990042

[preciousjeni]

Originally Posted by jon1856

While doing an unrelated search, found this news update:
AP NewsBreak: Rider administrators warned about hazing?

By CHRIS NEWMARKER,
AP
Posted: 2008-06-04 14:42:50
TRENTON, N.J. (AP) - The parents of a dead Rider University student are now claiming that school administrators were personally warned about dangerous hazing at a fraternity chapter blamed for their son's death last year.

Lawyers for Gary DeVercelly Jr.'s parents filed a motion last week to expand their lawsuit against the university to include two school administrators, Ada Badgley and Cassie Iacovelli.

The lawyers say the administrators were told of excessive drinking during pledge season but did nothing to stop it at the on-campus Phi Kappa Tau house........
http://news.aol.com/story/_a/ap-news...04144209990042

First, not to diminish this young man's death in any way, but the parents need to recognize that their child made a foolish decision. Perhaps they should have been more aware of what their child was doing as an adult on campus. Second, "during pledge season"? Am I wrong or did this occur after the students had been initiated?

Restricting alcohol on school grounds is great, but it really only serves to protect the administration from ridiculous lawsuits like this one. Students will drink regardless, on any campus. Anyway, isn't Rider a private school? If so, parents have much more access to the admininstrators AND the students than they might at a state school.

[Tom Earp]

Originally Posted by MysticCat

One more try, Tom. "Sued" means a civil action has been brought. They haven't been "sued for indictment," because there's no such thing. They've simply been indicted or charged.

Indict = criminal charge.
Sue = civil claim.

And there is no such thing as a grand jury judge.

Okay, but I asked a judge about the difference and he said pretty much the same thing you did.

Suit is civil
Indictment is criminal

He basically said that an indictment is a suit of criminal intent of a crime. A grand jury is a panel where rights are thrown out. There must be a jury leader. Is this a judge?

[jon1856]

Originally Posted by Tom Earp

Okay, but I asked a judge about the difference and he said pretty much the same thing you did.

Suit is civil
Indictment is criminal

He basically said that an indictment is a suit of criminal intent of a crime. A grand jury is a panel where rights are thrown out. There must be a jury leader. Is this a judge?

Tom;
Please take the time to read the links in my earlier posting.

[MysticCat]

Originally Posted by James

What about that old adage that a DA can get an indictment on a ham sandwich?

As I said, "I recognize as well as anyone that grand juries make mistakes and that DAs may not present cases based in fact to grand juries." Most DAs I have run across, however, would never try to get an indictment on a ham sandwich.

Of course, I've never practiced law in New York, where the ham sandwich quip, first uttered by a subsequently disbarred judge, originated.

Originally Posted by Tom Earp

A grand jury is a panel where rights are thrown out. There must be a jury leader. Is this a judge?

I really have no clue what you mean when you say "a grand jury is a panel where rights are thrown out." It is not a grand jury's role to hear all of the evidence in a case or to decide guilt -- that responsibility belongs to the petit jury (the jury that actually hears a trial). The grand jury's role is simply to decide if the prosecutor has enough evidence to proceed with an indictment. If it determines that he does, then the purpose of the trial is to see how that evidence stacks up against other evidence and holds up to challenge.

Judges do not sit with grand juries, although they may occasionally be called in to rule on certain questions of things like privilege. As with petit juries, grand juries have foremen. In my jurisdiction, at least, the foreman is appointed by a judge.