Why Ferguson grand jury was needed

CNN ^ | October 22, 2014 | Paul Callan

[2ndDivisionVet]

(VIDEO-AT-LINK)

If the local grand jury brings no charges against police Officer Darren Wilson in the case of Michael Brown's killing, street protests in Ferguson, Missouri, are inevitable. Demonstrators angry about Wilson's shooting of the unarmed black teenager in August already decry the grand jury's secrecy and "lack of transparency." But for those who believe that the grand jury procedure is some sort of cop and prosecutor conspiracy to trample the rights of minority citizens, a little background on this hallowed institution might be in order.

Although prosecutors are often accused of controlling grand jury proceedings, the institution was actually created by the Founding Fathers to provide a wall of citizen protection against overzealous prosecutors. It is a section of the 5th Amendment of the Bill of Rights

The colonists were tired of their British overlords' abuse of law enforcement and were intent on making sure that ordinary citizens would have to approve indictments in any federal criminal case in the newly minted American democracy. The Founding Fathers agreed so thoroughly about the need for the buffer of the grand jury against law enforcement abuse that it was one of the least debated provisions of the U.S. Constitution.

George Washington, James Madison and Thomas Jefferson would surely be mystified that requiring a citizen review and approval of a criminal indictment would be considered a violation of civil liberties, as some protesters in Ferguson might believe.

In Missouri, bringing a case before a grand jury in a felony case is optional -- prosecutors could have chosen to conduct a probable cause hearing before a judge...

[Dick Bachert]

To my all who may see this post.
The grand jury verdict in re. the matter of Officer Darren Wilson’s shooting of Michael Brown is reported to be published shortly.
The race baiters and agitators around the country are threatening massive and random black on white violence (think “knockout game” and worse!) should Wilson NOT be indicted.
This is to advise those about whom we care that you be on HIGH ALERT and in KEEN SITUATIONAL AWARENESS MODE as you venture about during this period — ESPECIALLY when in inner-city and other predominately non-white areas of your respective cities.
And, no, I didn’t make this a racial issue. Barack Obama, Eric Holder, Jesse Jackson, Al Sharpton and their ilk did that!

[GeronL]

Exactly. The protesters are demanding a lynching from the crown.

[GeronL]

Just seeing the start of this article makes me surprised CNN would put it on their website

[tomkat]

.. Washington .. Madison .. Jefferson ..

Yo dem be ar names bro !

Thus ends the level of historical familiarity possessed by many of the Ferguson rent-a-mob.

[Dallas59]

Obama is responsible for any violence that has occurred and will occur. Case closed.

[Ohioan]

Just seeing the start of this article makes me surprised CNN would put it on their website

Maybe even at CNN, there is someone with a conscience.

[MinuteGal]

BREAKING...

The St. Louis Post-Dispatch has a copy of the official autopsy and the document is partially being dissected by AOL News.

Should be on FR soon, I hope.

Looks good for the home team, guys and gals.

Leni

[Sherman Logan]

the institution was actually created by the Founding Fathers to provide a wall of citizen protection against overzealous prosecutors.

Uhh, not exactly. The grand jury goes back in England to before Magna Carta. The Founders didn't create anything, they just used an already existing institution.

[cripplecreek]

The Grand Jury is composed of twelve citizens who are chosen at random by a circuit judge, who presides over the Grand Jury. A new Grand Jury is chosen for each of the three Terms of Court held each year. Since the St. Louis County Grand Jury meets every Wednesday during the term, a Grand Juror can expect to serve approximately sixteen to twenty days during that period.

The Grand Jury's function is to make an important preliminary decision about a criminal charge: whether or not probable cause exists that a crime has been committed and that the accused committed it. All felony charges must be presented for consideration either by the Grand Jury or by an associate circuit judge at a preliminary examination, and a little less than half of the cases prosecuted in St. Louis County are presented to the Grand Jury. If probable cause is found in either of these equivalent proceedings, a "True Bill" is found, an indictment is filed, and the criminal charge against the accused may continue on to trial or plea of guilty. If probable cause is not found, a "No True Bill" is found, and prosecution of the case ceases. The Grand Jury, thus, determines the future of all criminal cases brought before it.

ST. LOUIS COUNTY PROSECUTING ATTORNEY

[Sherman Logan]

I live right on the edge of the hood, and often ride my bike through it.

When the Zimmerman/Martin case was with the jury, I was quite concerned about possible violent reaction if he was acquitted.

Nothing happened.

I suspect that the facts of the case actually got out to most people, though many would refuse to admit it.

[cripplecreek]

Yeah, people are too tied up in their own lives to get out into the streets across the nation. Low income areas of St Louis itself will have some rough nights but I just don’t see any sign that it will happen elsewhere.

[ctdonath2]

Then there’s the Rodney King case, where acquittal resulted in the city-burning LA Riots.

[ctdonath2]

What the lynch mob needs to understand (won’t but anyway...): a grand jury just reviews whether there is any conceivable case based on the evidence. It doesn’t evaluate evidence for guilt, it evaluates evidence for whether there’s anything to even bother. If you can’t even get a GJ indictment, there really is no case.

[EDINVA]

While the mobs were running rampant in Ferguson, I was riding the DC Metro, occasionally along “the green line,” Metro-speak for the almost all black parts of town.

On two occasions during that time the trains were packed; young black adults got up and offered white old me their seat(s). I hope that situation continues, that it’s not a nationwide situation but rather one contained in Ferguson. And I do hope police arrest those there who break the law, their governor and Al Huckster Sharpton be damned

[smokingfrog]

Autopsy, toxicology report on Michael Brown reportedly reveal marijuana, cast doubt on witness claims he was running away ... | http://fxn.ws/1Dzphnw

[LucyT]

From Post #2 by Dick Bachert:

To all who may see this post.

The grand jury verdict in re. the matter of Officer Darren Wilson’s shooting of Michael Brown is reported to be published shortly.

The race baiters and agitators around the country are threatening massive and random black on white violence (think “knockout game” and worse!) should Wilson NOT be indicted.

This is to advise those about whom we care that you be on HIGH ALERT and in KEEN SITUATIONAL AWARENESS MODE as you venture about during this period — ESPECIALLY when in inner-city and other predominately non-white areas of your respective cities.

And, no, I didn’t make this a racial issue. Barack Obama, Eric Holder, Jesse Jackson, Al Sharpton and their ilk did that!

[hoosiermama]

Rush was really into the three autopsies today. Worth a read of the transcript if you can find it!
Shot in hand at close range supports officers testimony
Other shot lines up with witnesses statement being attacked — frontal wound
His analysis was spot on — all a DNC political move - rev up the base!

[Starwolf]

I cannot blame people for casting a jaundiced eye at the Grand Jury. The phrase “any DA could get a ham sandwich indicted” has considerable merit. The Grand Jury is often used to duck accountability. Well intentioned, but as constituted today, rarely will a Grand Jury exercise its full power. When it starts to, the Presiding Judge will start removing trouble makers and the like.

All that said, it is becoming clear that the race hustlers were wrong about the Ferguson shooting.

[Mike Darancette]

If Wilson is cleared a special prosecutor will be appointed to get him indicted, just like in FL.