What happened?  What does the Grand Jury really do?  Let’s continue with some interesting points:

1.  What did the Grand Jury consider in Ferguson, MO?  They heard over 60 witnesses.  The prosecutor called all these people.  It sounded like he tried to cover every detail.  He would also instruct the Grand Jury about what the legal definition of various, possible homicide crimes could be, such as manslaughter or murder in the first degree.  The jurors had to apply the evidence to the legal definitions.  After days of deliberating, they decided the evidence did not fit any of the legal definitions for a crime to have been committed.  No indictment of Officer Darren Wilson.

2.  When we look at the news, it appears that Office Wilson was armed and Michael Brown was not—how could the Grand Jury come back with the decision they did? Because under most state laws, the prosecutor must present evidence that the officer acted with “malice and without a good-faith belief that the shooting was justified.”  It’s a tough burden to overcome and obviously, the Grand Jury felt the evidence didn’t overcome the burden.  They didn’t issue an indictment.

3.  If the Grand Jury in Ferguson, MO had issued an indictment, is that the same as a finding of guilty for Officer Darren Wilson?  No.  if the Grand Jury had indicted Office Wilson of manslaughter, for instance, he would be presumed innocent until proven guilty in a regular trial before twelve new jurors.  He would have the right to not testify and would have a defense lawyer—things he didn’t have before the Grand Jury.

4.  Do the citizens of Ferguson, MO have any alternatives now?  They could go to the federal prosecutor and try to get a civil rights criminal charge filed against Officer Darren Wilson.  It’s an accusation that he deprived Michael Brown of his civil rights—to life.  However, the burden on the prosecutor here is even more difficult—it essentially requires proof beyond a reasonable doubt that Officer Darren Wilson intended to deprive Michael Brown of his civil rights.  A tough hurdle to get over.

5.  Is the Grand Jury a fair process?  This is really the question the angry people in the streets are asking.  People who worry about uncontrolled police violence, don’t think so, of course.  I don’t know the answer to this question but consider this: the prosecutor chooses what evidence to present, which witnesses to call—or not call.  He also instructs the jurors on what the law calls for and is alone with them in secret.  There aren’t any defense defense lawyers to challenge or correct the prosecutor.  Is there be a possibility the prosecutor could sway the Grand Jury one way or the other?

What do you think?

The post What About the Grand Jury in Ferguson, MO? Part II appeared first on Colin T. Nelson.

I’ve worked as a prosecutor in the past. Unless you’ve been one, it’s hard to know what’s really happened.  Let’s look at several things from “behind the scenes:”

1.  What was the purpose of the Grand Jury In Ferguson, MO?  The listened to evidence and made a decision if a criminal homicide had been committed.  If they had decided one had been committed, they would’ve “issued an indictment,” which would’ve charged Officer Wilson with a crime.

2.  How do Grand Juries start?  Within the county where an alleged crime occurred, the court can order the creation of a Grand Jury  These are people picked from pools of eligible citizens just like a regular jury.  If any of you have ever received a notice for jury duty, it could also be for a grand jury.  Although a regular jury is composed of 12 people, a Grand Jury doesn’t have to be limited to 12 people.  Almost always, it’s the local prosecutor who starts the process by asking the court to call for a Grand Jury.

3.  Where do they meet?  Usually, in the local courthouse or in the prosecutor’s office.  In my county, the prosecutor has a large room lined with chairs and has a big open space in the middle for witnesses.  They meet in secret.  The only people present are the jurors, a court reporter, the prosecutor, and any witnesses the prosecutor calls.  This is not like a trial on TV.  The suspect may be called as a witness or not.  It sounds like Officer Darren Wilson was called.  He is not entitled to a defense lawyer and must appear on his own to be questioned by the prosecutor.

4.  Why is it held in secret?  It’s an attempt to avoid any outside influences.  For instance, in many states the media is allowed to be in the courtrooms during regular jury trials.  Does that influence the outcome?  Who know, but in the case involving a Grand Jury, an attempt is made to avoid any influence by outside forces.  Also, if the Grand Jury decides not to indict, the reputation and details of the accused person’s life remain secret.

5. What happens during the process?  The prosecutor picks the witnesses and the evidence the Grand Jury will hear.  This could also include autopsy results, forensic evidence, expert testimony, etc.  The jurors cannot call any witnesses but (unlike a jury trial) they can ask the witnesses questions.  After all the evidence has been heard, they vote whether or not to issue an indictment.  In Ferguson, MO, they listened to about 60 witnesses and still came back with no charges.

Next post, I’ll go further into the secret details of what goes on “behind closed door” and what alternatives are left for the citizens of Ferguson, MO.

The post What About the Grand Jury in Ferguson, MO. Part I appeared first on Colin T. Nelson.